21.2 Date of Disease

Establishing a date of onset of a disease is critical to the determination of liability as the criteria for acceptance varies according to the Act in force at the time.

It is often not possible to establish a precise date of injury in respect of the onset of a disease or the aggravation of a disease. Often, the date of diagnosis of the disease will be considerably later than the date of first manifestation of symptoms or the date of first medical examination in respect of the condition.

Section 7(4) of the SRCA deems a date for the purposes of the Act:

7(4) For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when:

a)the employee first sought medical treatment for the disease, or aggravation, or

b)the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee,

whichever happens first.

Accordingly, the Delegate must investigate:

  • first date of medical treatment
  • first date of incapacity for work
  • date of death (where applicable)
  • date of impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-21-diseases-nexus-work/212-date-disease

21.2.1 First date of medical treatment

Establishing a date of onset of a disease is critical to the determination of liability as the criteria for acceptance varies according to the Act in force at the time.

It is often not possible to establish a precise date of injury in respect of the onset of a disease or the aggravation of a disease. Often, the date of diagnosis of the disease will be considerably later than the date of first manifestation of symptoms or the date of first medical examination in respect of the condition.

Section 7(4) of the SRCA deems a date for the purposes of the Act:

7(4) For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when:

a)the employee first sought medical treatment for the disease, or aggravation, or

b)the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee,

whichever happens first.

Accordingly, the Delegate must investigate:

  • first date of medical treatment
  • first date of incapacity for work
  • date of death (where applicable)
  • date of impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-21-diseases-nexus-work/212-date-disease/2121-first-date-medical-treatment

21.2.2 Members of the Permanent Forces

Establishing a date of onset of a disease is critical to the determination of liability as the criteria for acceptance varies according to the Act in force at the time.

It is often not possible to establish a precise date of injury in respect of the onset of a disease or the aggravation of a disease. Often, the date of diagnosis of the disease will be considerably later than the date of first manifestation of symptoms or the date of first medical examination in respect of the condition.

Section 7(4) of the SRCA deems a date for the purposes of the Act:

7(4) For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when:

a)the employee first sought medical treatment for the disease, or aggravation, or

b)the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee,

whichever happens first.

Accordingly, the Delegate must investigate:

  • first date of medical treatment
  • first date of incapacity for work
  • date of death (where applicable)
  • date of impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-21-diseases-nexus-work/212-date-disease/2122-members-permanent-forces

21.2.3 Reservists and Cadets

Establishing a date of onset of a disease is critical to the determination of liability as the criteria for acceptance varies according to the Act in force at the time.

It is often not possible to establish a precise date of injury in respect of the onset of a disease or the aggravation of a disease. Often, the date of diagnosis of the disease will be considerably later than the date of first manifestation of symptoms or the date of first medical examination in respect of the condition.

Section 7(4) of the SRCA deems a date for the purposes of the Act:

7(4) For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when:

a)the employee first sought medical treatment for the disease, or aggravation, or

b)the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee,

whichever happens first.

Accordingly, the Delegate must investigate:

  • first date of medical treatment
  • first date of incapacity for work
  • date of death (where applicable)
  • date of impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-21-diseases-nexus-work/212-date-disease/2123-reservists-and-cadets

21.2.4 First date of incapacity for work

Establishing a date of onset of a disease is critical to the determination of liability as the criteria for acceptance varies according to the Act in force at the time.

It is often not possible to establish a precise date of injury in respect of the onset of a disease or the aggravation of a disease. Often, the date of diagnosis of the disease will be considerably later than the date of first manifestation of symptoms or the date of first medical examination in respect of the condition.

Section 7(4) of the SRCA deems a date for the purposes of the Act:

7(4) For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when:

a)the employee first sought medical treatment for the disease, or aggravation, or

b)the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee,

whichever happens first.

Accordingly, the Delegate must investigate:

  • first date of medical treatment
  • first date of incapacity for work
  • date of death (where applicable)
  • date of impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-21-diseases-nexus-work/212-date-disease/2124-first-date-incapacity-work

21.2.5 Date of death

Establishing a date of onset of a disease is critical to the determination of liability as the criteria for acceptance varies according to the Act in force at the time.

It is often not possible to establish a precise date of injury in respect of the onset of a disease or the aggravation of a disease. Often, the date of diagnosis of the disease will be considerably later than the date of first manifestation of symptoms or the date of first medical examination in respect of the condition.

Section 7(4) of the SRCA deems a date for the purposes of the Act:

7(4) For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when:

a)the employee first sought medical treatment for the disease, or aggravation, or

b)the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee,

whichever happens first.

Accordingly, the Delegate must investigate:

  • first date of medical treatment
  • first date of incapacity for work
  • date of death (where applicable)
  • date of impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-21-diseases-nexus-work/212-date-disease/2125-date-death

21.2.6 Date of impairment

Establishing a date of onset of a disease is critical to the determination of liability as the criteria for acceptance varies according to the Act in force at the time.

It is often not possible to establish a precise date of injury in respect of the onset of a disease or the aggravation of a disease. Often, the date of diagnosis of the disease will be considerably later than the date of first manifestation of symptoms or the date of first medical examination in respect of the condition.

Section 7(4) of the SRCA deems a date for the purposes of the Act:

7(4) For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when:

a)the employee first sought medical treatment for the disease, or aggravation, or

b)the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee,

whichever happens first.

Accordingly, the Delegate must investigate:

  • first date of medical treatment
  • first date of incapacity for work
  • date of death (where applicable)
  • date of impairment.

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-21-diseases-nexus-work/212-date-disease/2126-date-impairment