Document ID: chunk:federal_register_of_legislation:F2023L00922:reg:9:p1
Version: federal_register_of_legislation:F2023L00922
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 4914–7933

9               Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, thoracolumbar intervertebral disc prolapse or death from thoracolumbar intervertebral disc prolapse is connected with the circumstances of a person's relevant service:
(1)          having trauma to the affected intervertebral disc within the 24 hours before the clinical onset of thoracolumbar intervertebral disc prolapse;
Note: trauma to the affected intervertebral disc is defined in the Schedule 1 - Dictionary.
(2)          having a penetrating injury to the affected intervertebral disc or adjacent vertebral body, within the 24 hours before the clinical onset of thoracolumbar intervertebral disc prolapse;
Note: penetrating injury to the affected intervertebral disc or adjacent vertebral body is defined in the Schedule 1 - Dictionary.
(3)          physically carrying or lifting loads of at least 10 kilograms, to a cumulative total Load-Factor of at least 300,000 within the 5 years before the clinical onset of thoracolumbar intervertebral disc prolapse;
Note: Load-Factor is defined in the Schedule 1 - Dictionary.
(4)          driving a motor vehicle for an average of at least 30 hours per week, for a period of at least 2 years within the 10 years before the clinical onset of thoracolumbar intervertebral disc prolapse;
Note: motor vehicle is defined in the Schedule 1 - Dictionary.
(5)          piloting an engine powered aircraft for a cumulative total of at least 5,000 hours within the 10 years before the clinical onset of thoracolumbar intervertebral disc prolapse;
(6)          flying in a helicopter as operational aircrew, for a cumulative total of at least 5,000 hours within the 10 years before the clinical onset of thoracolumbar intervertebral disc prolapse;
(7)          having smoked tobacco products in an amount of at least 10 pack-years  before the clinical onset of thoracolumbar intervertebral disc prolapse, and if smoking has ceased before the clinical onset of thoracolumbar intervertebral disc prolapse, then that onset occurred within 5 years of cessation;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(8)          having bacterial infection of the affected disc at the time of the clinical onset of thoracolumbar intervertebral disc prolapse;
(9)          being obese for at least 5 years within the 25 years before the clinical onset of thoracolumbar intervertebral disc prolapse;
Note: being obese is defined in the Schedule 1 - Dictionary.
(10)      having trauma to the affected intervertebral disc within the 24 hours before the clinical worsening of thoracolumbar intervertebral disc prolapse;
Note: trauma to the affected intervertebral disc is defined in the Schedule 1 - Dictionary.
(11)      having a penetrating injury to the affected intervertebral disc or adjacent vertebral body, within the 24 hours before the clinical worsening of thoracolumbar intervertebral disc prolapse;
Note: penetrating