Document ID: chunk:federal_register_of_legislation:F2022L01374:reg:8
Version: federal_register_of_legislation:F2022L01374
Segment Type: reg
Provision Reference: reg 8
Character Range: 2848–4991

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, diaphragmatic hernia or death from diaphragmatic hernia is connected with the circumstances of a person's relevant service:
         (1)          having a surgical procedure that involves the affected region of the diaphragm, excluding the oesophageal hiatus, within the 10 years before the clinical onset of diaphragmatic hernia;
Note: Examples of surgical procedures that can involve the affected region of the diaphragm include liver resection, debulking surgery in ovarian cancer, nephrectomy, biopsy of a lesion on the diaphragmatic peritoneum and coronary artery bypass grafting.
         (2)          having acute trauma to the affected region of the diaphragm before the clinical onset of diaphragmatic hernia;
Note: Examples of acute trauma include falling from a height, motor vehicle accidents and gunshot or stab wounds.
(3)          having endometriosis involving the affected region of the diaphragm before the clinical onset of diaphragmatic hernia;
(4)          having a surgical procedure that involves the affected region of the diaphragm, excluding the oesophageal hiatus, within the 10 years before the clinical worsening of diaphragmatic hernia;
Note: Examples of surgical procedures that can involve the affected region of the diaphragm include liver resection, debulking surgery in ovarian cancer, nephrectomy, biopsy of a lesion on the diaphragmatic peritoneum and coronary artery bypass grafting.
(5)          having acute trauma to the affected region of the diaphragm before the clinical worsening of diaphragmatic hernia;
Note: Examples of acute trauma include falling from a height, motor vehicle accidents and gunshot or stab wounds.
(6)          having endometriosis involving the affected region of the diaphragm before the clinical worsening of diaphragmatic hernia;
(7)          being pregnant within the 6 weeks before the clinical worsening of diaphragmatic hernia;
(8)          inability to obtain appropriate clinical management for diaphragmatic hernia.