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Ongoing pain syndromes, myofascial pain, fibromyalgia, being two of the more commonly diagnosed. s26 extends cover to a person who suffers a physical injury including strains or sprains. It has been accepted that fibromyalgia pain syndrome does result in changes in both the central a peripheral nervous systems. This is because of the plasticity of the nervous system The nerve fibres become dysfunctional and respond abnormally, so that pain messages are transmitted to the brain from body positions when, in fact, none ought to have been sent.

Now, as the lawyer for a claimant on ACC, how can this be of help?

First some definitions: [i]sprain; an injury to a ligament when the joint is hyperextended through a normal range of motion.[ii] to injure by overuse or improper use.

So s26 allows for with relation to the nervous system, overuse, or improper use, resulting in an injury.

Plasticity of the nervous system: the capability of being formed or molded. Really plasticity in the medical sense refers to changes in the nervous tissues that result from maintained inputs/outputs or feedback loops.

One example in the peripheral nervous system on the sensory side, are mechano-receptors that become sensitized resulting in their functional transformation into nociceptors [pain receptors].

So now we have in accepted medical terms outlined that a stimulus that is maintained over a period of time can through the plasticity of the peripheral nervous system, modify sensory nerves, viz, mechano-receptors, via sensitization, into nociceptors, that due to the physiological deformation induce a pain message through normal pressure onto the body.

Under s26, using the example of a ‘strain’ as the model, now demonstrate that the strain of maintained stimuli, resulted in an injury that is claimable

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