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12.5.3 Recurrence of SRCA Conditions
Under section 5 of the MRCA, a recurrence must be distinguished from an aggravation and is treated as a claim for clinical onset. Therefore, the MRCA applies to a claim where the condition:
- occurs before 1 July 2004 and a full recovery is effected;
- there is a recurrence of the condition on or after 1 July 2004; and
- the recurrence relates to service rendered on or after 1 July 2004.
Although liability under the SRCA can still be accepted for the first occurrence of the condition, a claim under that Act would be nugatory in terms of the compensation or benefits that the claimant would receive, as that occurrence of the condition has fully resolved. The full effects of the current condition are related to the recurrence attributable to MRCA service and that Act applies to any such claim. This action does not preclude liability from being accepted under SRCA for the first occurrence if the claimant so wishes, but reflects the fact that compensation and benefits that might be claimed are covered under the MRCA and not the SRCA.
On 14 September 2006 a member submits a claim for fracture of the right ankle. The member sustained the ankle injury in a parachuting accident in 2002 and continues to serve. After operative and other treatment she was passed medically Fit for Full Duty on 23 July 2004. However, the member suffers a re-fracture of the same ankle on 28 October 2005 after a new posting in January 2005 when she slipped while cleaning fresh water tanks. While the original condition occurred before 1 July 2004 it had fully resolved prior to 1 July 2004. The effects suffered now are due to a new injury attributable to service after 1 July 2004. Therefore, the MRCA applies to the claim.