Instrument No.151 of 1995
Statement
of Principles
concerning
EFFECTS OF LIGHTNING
ICD CODE: 994.0
Veterans’
Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound
medical-scientific evidence that indicates that the effects of lightning and
death from the effects of lightning can be related to operational service
rendered by veterans, peacekeeping service rendered by members of Peacekeeping
forces and hazardous service rendered by members of the Forces, the
Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’
Entitlements Act 1986 (the Act), that the factors that must as a
minimum exist before it can be said that a reasonable hypothesis has been
raised connecting the effects of lightning or death from the effects of
lightning with the circumstances of that service, are:
(a) suffering or sustaining death or bodily
injury from the effects of lightning; or
(b) inability to obtain appropriate clinical
management for the effects of lightning.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a)
to 1(b) must be related to any service rendered by a person.
3. The
factor set out in paragraph 1(b) applies only where:
(a) the person’s injury, being the effects
of lightning, was sustained before a period, or part of a period, of
service to which the factor is related; and
(b) the relationship suggested between the
effects of lightning and the particular service of a person is a relationship
set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act.
4. For
the purposes of this Statement of Principles:
“effects of lightning” means the death
or bodily harm sustained by a person when struck by lightning, including burns,
but not burns from any other source, attracting ICD code 994.0;
“ICD code” means a
number assigned to a particular kind of injury or disease in the tenth edition
of the International Classification of Diseases 9th Revision, effective
date of 1 October 1993, copyrighted by the US Commission on Professional and
Hospital Activities, and having the Library of Congress number 77-94472.
Dated this Thirteenth day of April 1995
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN
DONALD
CHAIRMAN