Instrument No.152 of 1995

Statement of Principles

concerning

EFFECTS OF LIGHTNING

ICD CODE: 994.0

Veterans’ Entitlements Act 1986
subsection 196B(3)

1.         Being of the view that, on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that the effects of lightning and death from the effects of lightning can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, the effects of lightning or death from the effects of lightning is connected 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), 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