Document ID: chunk:federal_register_of_legislation:F2020C00421:reg:7:p1
Version: federal_register_of_legislation:F2020C00421
Segment Type: reg
Provision Reference: reg 7 (pt 1/5)
Character Range: 5491–8266

7               Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting ulnar neuropathy at the elbow or death from ulnar neuropathy at the elbow with the circumstances of a person's relevant service:
(1)          having a fracture of the bones of the affected elbow, including fracture of the medial epicondyle of the humerus, before the clinical onset of ulnar neuropathy at the elbow;
(2)          having trauma to the affected elbow within the two years before the clinical onset of ulnar neuropathy at the elbow;
Note: trauma to the affected elbow is defined in the Schedule 1 - Dictionary.
(3)          performing repetitive and forceful activities involving flexion and extension of the affected elbow:
(a)          for a cumulative period of at least 90 hours, within a continuous period of six months before the clinical onset of ulnar neuropathy at the elbow; and
(b)          where the repetitive and forceful activities have not ceased more than 30 days before the clinical onset of ulnar neuropathy at the elbow;
Note: Examples of repetitive and forceful activities include lifting, moving or carrying a load greater than ten kilograms, using hand saws or using large, hand-held power machinery, climbing vertical ladders, ammunitioning, using a hand-held piece of equipment such as a jackhammer or shovel, and overhead throwing.
(4)          holding a tool, device or instrument in position, with the wrist in an extended position and the affected elbow in a flexed position:
(a)          for a cumulative period of at least 90 hours, within a continuous period of six months before the clinical onset of ulnar neuropathy at the elbow; and
(b)          where this activity has not ceased more than 30 days before the clinical onset of ulnar neuropathy at the elbow;
(5)          using the affected elbow as a support in a posture that is required as part of the activity being performed:
(a)          with the forearm pronated on a hard surface, or holding the arm with the elbow flexed by 30° or more; and
(b)          for a cumulative period of at least 90 hours, within a continuous period of six months before the clinical onset of ulnar neuropathy at the elbow; and
(c)          where this activity has not ceased more than 30 days before the clinical onset of ulnar neuropathy at the elbow;
Note: Examples of using the elbow as a support include bicycling in the aero position, firing a hand-held weapon, or being required to adopt this posture due to undertaking activity in a cramped or confined space.
(6)          having a surgical procedure under general anaesthesia, within the two months before the clinical onset of ulnar neuropathy at the