Document ID: chunk:federal_register_of_legislation:F2022L01392:reg:9:p1
Version: federal_register_of_legislation:F2022L01392
Segment Type: reg
Provision Reference: reg 9 (pt 1/4)
Character Range: 4485–7555

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, rotator cuff syndrome or death from rotator cuff syndrome is connected with the circumstances of a person's relevant service:
         (1)          having an injury to the affected shoulder within the 30 days before the clinical onset of rotator cuff syndrome;

             Note 1: Examples of activities or circumstances that can cause an injury to the affected shoulder include a fall, a violent pull or sudden traction injury, sports injury, a blow or direct trauma to the shoulder, lifting weights, and improperly administered vaccination to the shoulder.

            Note 2: injury to the affected shoulder is defined in the Schedule 1 – Dictionary.

         (2)          undergoing a surgical procedure involving the affected shoulder joint before the clinical onset of rotator cuff syndrome;

         (3)          performing any combination of:
             (a)          repetitive or sustained activities of the affected shoulder when the shoulder on the affected side is abducted or flexed by at least 60 degrees; or
             (b)          forceful activities with the affected upper limb;

         for at least 160 hours within a period of 210 consecutive days before the clinical onset of rotator cuff syndrome, and where the repetitive or sustained or forceful activities have not ceased more than 30 days before the clinical onset of rotator cuff syndrome;

            Note: forceful activities are defined in the Schedule 1 - Dictionary.

         (4)          performing repetitive or sustained activities of the affected shoulder when the shoulder on the affected side is abducted or flexed by at least 60 degrees for at least 4,000 hours within the 10 years before the clinical onset of rotator cuff syndrome;

            Note: Sports that require overhead activities (for example, tennis, swimming, and volleyball) often involve abduction or flexion of the shoulder by at least 60 degrees.

         (5)          lifting or carrying loads of at least 20 kilograms using the upper limb of the affected side for at least 400 hours within the 10 years before the clinical onset of rotator cuff syndrome;

         (6)          having dialysis-related amyloidosis before the clinical onset of rotator cuff syndrome;

            Note: dialysis-related amyloidosis is defined in the Schedule 1 - Dictionary.

         (7)          regularly using the upper limbs for weight-bearing for a continuous period of at least the 1 year before the clinical onset of rotator cuff syndrome;

            Note: Examples of circumstances in which the upper limbs may regularly be used for weight-bearing include transfers from a wheelchair to a chair or bed, and the use of crutches or other walking aids.

         (8)          having anatomical narrowing of the subacromial space on the affected side at the time of the clinical onset of rotator cuff syndrome;

            Note: anatomical narrowing of the