---
title: "Test a heart attack or stroke claim against the employment test"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-a-heart-attack-or-stroke-claim-against-the-employment-test"
type: "task"
site: "AI Law Framework"
id: "A21-WC20261023-19"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Test a heart attack or stroke claim against the employment test

> From the diagnosis and the work, using a firm-controlled tool, table the heart-attack or stroke test the opened pages state for that scheme, including where no separate test was found. Do not decide the claim.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-a-heart-attack-or-stroke-claim-against-the-employment-test  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the diagnosis and the work, using a firm-controlled tool, table the heart-attack or stroke test the opened pages state for that scheme, including where no separate test was found. Do not decide the claim. |
| What the lawyer must review | Decide whether the opened test for a heart attack or stroke is met. Do not copy one state's heart test into another scheme. Read the whole definition. These injuries are wider than the common name. Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

The lawyer checks the output against the file and the linked sources before it is used or sent.

- What the AI does: From the diagnosis and the work, using a firm-controlled tool, table the heart-attack or stroke test the opened pages state for that scheme, including where no separate test was found. Do not decide the claim.
- What the lawyer does: Decide whether the opened test for a heart attack or stroke is met. Do not copy one state's heart test into another scheme. Read the whole definition. These injuries are wider than the common name. Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
- Who reviews: Lawyer competent in statutory workers compensation
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.
- Why: The level reflects what the work is, the consequence of an error, and how much the lawyer must check on every file.

## Checks the lawyer makes

1. Match the diagnosis to the definition the opened page uses before applying the employment test.
2. In New South Wales, ask whether the nature of the employment gave rise to a significantly greater risk. Do not add a main-contributing-factor element.
3. In Victoria, use significant contributing factor from 3 December 2003, including where the event was spontaneous or linked to vascular disease.
4. In Queensland, stay inside section 32. Do not invent a heart-attack section.

## Notes

- The Victorian death page uses a heart attack as an example of a death that may be hard to class as work-related. That is not the contribution test. The claims manual states the test.
- Section 9B and section 32 were read on AustLII. Confirm both official sites.
- If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.

## Sources

- [WorkSafe Victoria claims manual: define an injury](https://www1.worksafe.vic.gov.au/vwa/claimsmanual/Claims%20Manual/2-claims-management/2-1-workers-and-injuries/2-1-6-define-an-injury.htm) (checked 2026-10-23)
- [WorkSafe Victoria: before making a work-related death claim](https://www.worksafe.vic.gov.au/making-work-related-death-claim) (checked 2026-10-23)
- [AustLII: Workers' Compensation and Rehabilitation Act 2003, section 32](https://www5.austlii.edu.au/au/legis/qld/consol_act/wcara2003400/s32.html) (checked 2026-10-23)
- [AustLII: Workers Compensation Act 1987, section 9B](https://classic.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s9b.html) (checked 2026-10-23)
- [SIRA claims guide: disease injury](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claims-journey/eligibility/disease-injury) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-heart-attack-or-stroke-claim-against-the-employment-test/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-heart-attack-or-stroke-claim-against-the-employment-test/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/test-a-heart-attack-or-stroke-claim-against-the-employment-test/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*