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12.5.1 Aggravation occurred on or after 1 July 2004
The aggravation must occur on or after 1 July 2004. In the case of aggravation of diseases, subsection 4AA of the SRCA specifies that delegates should not use any of the following as the date the aggravation occurred (see subsection 7(4) of the SRCA):
- the day when the employee first sought medical treatment for the aggravation of the disease; or
- the day when the aggravation of the disease resulted in the death of the member;
- the day when the aggravation of the disease first resulted in the incapacity for work of the member;
- the day when the aggravation of the disease first resulted in the impairment of the member.
Instead, delegates should establish, on the balance of probabilities, the date aggravation occurred by reference to the appropriate medical evidence (see 3.4.3 of Chapter 3: Liability). If this date is before 1 July 2004 the MRCA does not apply to that aggravation.
On 7 August 2006 a member submits a claim for an aggravation of osteoarthrosis (OA) of the left knee. The member enlisted in the Army in 1999 and continues to serve. Liability for OA was accepted under the SRCA on 23 February 2002. The DMO advises the delegate that the first signs of aggravation of OA was on 21 April 2004, where an x-ray shows a marked deterioration in the member's OA beyond the normal progression of the disease. On the balance of probabilities the delegate determines this to be the date the aggravation occurred, regardless of the date the member first sought medical treatment for the aggravation of her OA, or the aggravation resulted in her incapacity or impairment. Therefore, the MRCA does not apply to this aggravation as it occurred before 1 July 2004.