Document ID: chunk:federal_register_of_legislation:F2024L01042:reg:9
Version: federal_register_of_legislation:F2024L01042
Segment Type: reg
Provision Reference: reg 9
Character Range: 4334–5980

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, fracture or death from fracture is connected with the circumstances of a person's relevant service:
(1)          having significant physical force applied to or through the affected bone at the time of clinical onset;
(2)          for stress fracture only, having significant repetitive loading stress to the affected bone prior to clinical onset;
Note: Examples of situations involving significant repetitive loading stress includes military training, weight training, athletics or running.
(3)          for stress fracture only, having significant chronic repetitive loading stress to the affected bone due to abnormal force intensity or direction of application, at the time of clinical onset;
Note: An example of chronic repetitive stress due to changed force intensity or force direction would be an uncorrected substantial leg length inequality, or a substantial valgus or varus joint malalignment.
(4)          smoking at least 5 cigarettes per day, or the equivalent thereof in other tobacco products, during treatment for fracture prior to fracture non-union;
Note 1: One gram of tobacco is considered to be equivalent to one cigarette.
Note 2: Fracture non-union is considered to be a clinical worsening of the fracture.
(5)          having diabetes mellitus at the time of the fracture non-union;
Note: Fracture non-union is considered to be a clinical worsening of the fracture.
(6)          inability to obtain appropriate clinical management for fracture before clinical worsening.