Document ID: chunk:federal_register_of_legislation:F2021L00029:reg:8:p1
Version: federal_register_of_legislation:F2021L00029
Segment Type: reg
Provision Reference: reg 8 (pt 1/3)
Character Range: 3077–5901

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, hyperacusis or death from hyperacusis is connected with the circumstances of a person's relevant service:
(1)          being exposed to a peak sound pressure level at the tympanic membrane of at least 140 dB(C) before the clinical onset of hyperacusis;
Note: dB(C) is defined in the Schedule 1 - Dictionary.
(2)          being exposed to a sound pressure level at the tympanic membrane of at least 85 dB(A) as an 8-hour time-weighted average (TWA) with a 3‑dB exchange rate for a cumulative period of at least one year before the clinical onset of hyperacusis;
            Note: dB(A) and time-weighted average (TWA) with a 3-dB exchange rate are defined in the Schedule 1 - Dictionary.
(3)          having acoustic shock at the time of the clinical onset of hyperacusis;
Note: acoustic shock is defined in the Schedule 1 - Dictionary.
(4)          having an episode of otitic barotrauma within the 30 days before the clinical onset of hyperacusis;
Note: Otitic barotrauma is also known as otic barotrauma.
(5)          being exposed to an explosive blast within the 30 days before the clinical onset of hyperacusis;
(6)          having concussion or moderate to severe traumatic brain injury within the 30 days before the clinical onset of hyperacusis;
(7)          having blunt trauma to the head causing a fracture of the temporal bone within the 30 days before the clinical onset of hyperacusis;
(8)          having stapedectomy or surgery involving the insular cortex or another part of the brain involved in central auditory processing within the 30 days before the clinical onset of hyperacusis;
(9)          having an inner ear disorder of the affected ear from the specified list of inner ear disorders at the time of the clinical onset of hyperacusis;
Note: specified list of inner ear disorders is defined in the Schedule 1 - Dictionary.
(10)      having Meniere's disease at the time of the clinical onset of hyperacusis;
(11)      having paralysis of the facial nerve on the affected side at the time of the clinical onset of hyperacusis;
Note 1: The facial nerve is also known as the seventh cranial nerve.
Note 2: Facial nerve paralysis is also known as Bell's palsy.
            Note 3: Conditions that can cause paralysis of the facial nerve include autoimmune disease, multiple sclerosis and viral infection.
(12)      having a viral or bacterial infection from the specified list of viral or bacterial infections within the 30 days before the clinical onset of hyperacusis;
Note: specified list of viral or bacterial infections is defined in the Schedule 1 - Dictionary.
(13)      having dysfunction of the stapedius muscle or the tensor tympani muscle on