Document ID: chunk:federal_register_of_legislation:F2024L01044:reg:9
Version: federal_register_of_legislation:F2024L01044
Segment Type: reg
Provision Reference: reg 9
Character Range: 3982–5441

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, pathological fracture or death from pathological fracture is connected with the circumstances of a person's relevant service:
(1)          having one of the following medical conditions involving the affected region of bone at the time of clinical onset:
(a)          benign neoplasm;
(b)          malignant primary or secondary neoplasm;
(c)          osteomalacia;
(d)          osteomyelitis;
(e)          osteonecrosis;
(f)           osteoporosis; or
(g)          Paget disease of bone;
Note: osteomalacia and osteonecrosis are defined in the Schedule 1 - Dictionary.
(2)          having ankylosing spondylitis at the time of clinical onset of vertebral pathological fracture;
(3)          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 pathological fracture.
(4)          having diabetes mellitus at the time of the fracture non-union;
Note: Fracture non-union is considered to be a clinical worsening of the pathological fracture.
(5)          inability to obtain appropriate clinical management for pathological fracture before clinical worsening.