Federal Register of Legislation
Statement of Principles concerning PLANTAR FASCIITIS (Balance of Probabilities) (No. 83 of 2023) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.
Dated 25 August 2023.
The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
Professor Terence Campbell AM Chairperson
Contents 1 Name 2 Commencement 3 Authority 4 Repeal 5 Application 6 Definitions 7 Kind of injury, disease or death to which this Statement of Principles relates 8 Basis for determining the factors 9 Factors that must exist 10 Relationship to service 11 Factors referring to an injury or disease covered by another Statement of Principles Schedule 1 - Dictionary 1 Definitions
1 Name This is the Statement of Principles concerning plantar fasciitis (Balance of Probabilities) (No. 83 of 2023). 2 Commencement This instrument commences on 26 September 2023. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning plantar fasciitis No. 52 of 2015 (Federal Register of Legislation No. F2015L00258) made under subsection 196B(3) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies. 6 Definitions The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument. 7 Kind of injury, disease or death to which this Statement of Principles relates (1) This Statement of Principles is about plantar fasciitis and death from plantar fasciitis. Meaning of plantar fasciitis (2) For the purposes of this Statement of Principles, plantar fasciitis: (a) means a painful inflammatory or degenerative condition of the plantar fascia of the foot; and (b) excludes plantar fibromatosis. Note: Clinical manifestations typically include pain in the inferior heel that is worse with the first steps in the morning or after a period of inactivity. There may be tenderness of the inferior heel. Death from plantar fasciitis (3) For the purposes of this Statement of Principles, plantar fasciitis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's plantar fasciitis. Note: terminal event is defined in the Schedule 1 – Dictionary. 8 Basis for determining the factors On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that plantar fasciitis and death from plantar fasciitis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA. Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary. 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, plantar fasciitis or death from plantar fasciitis is connected with the circumstances of a person's relevant service: (1) having trauma to the plantar aspect of the affected foot within the seven days before the clinical onset or clinical worsening of plantar fasciitis; (2) having an infection involving the plantar fascia at the time of the clinical onset or clinical worsening of plantar fasciitis; (3) running or jogging an average of at least 30 kilometres per week for at least the 2 months before the clinical onset or clinical worsening of plantar fasciitis; (4) undertaking exercise that involves repetitive weight bearing on the affected foot for: (a) a minimum intensity of 5 METS; and (b) for at least 4 hours per week; and for at least the 2 months before the clinical onset or clinical worsening of plantar fasciitis; Note: MET is defined in the Schedule 1 - Dictionary. Note: Exercise that involves repetitive weight bearing on the affected foot includes marching, jumping, soccer, tennis, or dancing. (5) increasing the frequency, duration or intensity of weight bearing activity involving the affected foot: (a) by at least 200 percent; and (b) to a minimum intensity of 5 METs; and (c) for at least 2 hours per day; and within the seven days before the clinical onset or clinical worsening of plantar fasciitis; Note: MET is defined in the Schedule 1 – Dictionary
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