Document ID: chunk:federal_register_of_legislation:F2016L01349:reg:8
Version: federal_register_of_legislation:F2016L01349
Segment Type: reg
Provision Reference: reg 8
Character Range: 3354–5601

8               Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, incisional hernia or death from incisional hernia is connected with the circumstances of a person's relevant service:
(1)          having an incision for a surgical procedure before the clinical onset of incisional hernia, where the hernia is at the site of that incision;
(2)          having a pre-existing scar at the site of the incision for a surgical procedure before the clinical onset of incisional hernia, where the hernia is at the site of that incision;
(3)          having a superficial infection of the affected incision within 30 days of the surgical procedure, in the five years before the clinical onset of incisional hernia;
Note: superficial infection of the affected incision is defined in the Schedule 1 - Dictionary.
(4)          having a deep infection of the affected incision within 90 days of the surgical procedure, in the five years before the clinical onset of incisional hernia;
Note: deep infection of the affected incision is defined in the Schedule 1 - Dictionary.
(5)          having wound dehiscence as specified of the affected incision before the clinical onset of incisional hernia;
Note: wound dehiscence as specified is defined in the Schedule 1 - Dictionary.
(6)          being obese before the clinical onset of incisional hernia, and at the time of the surgical incision at the affected site;
Note: being obese is defined in the Schedule 1 - Dictionary.
(7)          being treated with sirolimus or everolimus as specified before the clinical onset of incisional hernia, where the treatment occurred within the three years following the surgical incision;
Note:  being treated with sirolimus or everolimus as specified is defined in the Schedule 1 - Dictionary.
(8)          having Marfan syndrome before the clinical onset of incisional hernia;
(9)          having increased intra-abdominal pressure as specified at the time of the clinical worsening of incisional hernia;
Note: increased intra-abdominal pressure as specified is defined in the Schedule 1 - Dictionary.
(10)      inability to obtain appropriate clinical management for incisional hernia.