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Beware the case conference

Once a claim for workers' compensation is accepted, the insurer will appoint a rehabilitation provider to assist in your return to work.

The rehabilitation provider liaises with you, your treating doctor, the insurance company, and your employer to participate in injury management and to return you safely to work. Both you and your employer have responsibilities and rights in relation to the injury management and your return to work.

Whilst rehabilitation providers can be of assistance in finding you suitable work with your employer and assist in developing a return to work program, problems can arise when an employer is unable to provide suitable duties.

Whilst an employer has an obligation to provide suitable duties to the injured worker, it is not required by law. If no such suitable duties are available, then an injured worker cannot return to work.

The injured worker however continues to have a responsibility to look for work in accordance with the WorkCover Medical Certificate. This puts the injured worker in a difficult situation where they remained employed but have an obligation to look for work in accordance with their certificate, even where an employer failed to provide suitable work.

The Case Conference

The rehabilitation providers however have various “tactics” which they use to either return people to work or use the workers’ compensation legislation as a way of stopping a workers’ weekly payments.

This situation occurs when the rehabilitation provider arranges a case conference with you and your treating doctor. The purpose of the case conference is so the rehabilitation provider can understand your injuries and assist with your return to work. However, what usually happens is that the rehabilitation provider intimidates or pressures the doctor to change the restrictions and hours of work contained on the WorkCover Certificate of Capacity.

For example, the worker has a certificate that certifies them unfit for work, the rehabilitation provider will arrange a case conference with you and your treating doctor. At that case conference the rehabilitation provider will try any means possible to have the doctor change the WorkCover Certificate of Capacity from unfit to work to fit for suitable duties.

The rehabilitation provider will state that the sooner the injured worker returns to work, the better off they will be and there is some support for this proposition however the difficulty arises when a worker has been receiving weekly benefits for at least 130 weeks.

If you have been receiving weekly benefits for between 130 and 250 weeks (that is 2.5 to 5 years) and your WorkCover Certificate is changed from being totally unfit to fit for suitable duties (usually because of pressure from the rehabilitation provider at a case conference) then this can cause great difficulties in receiving ongoing payments of weekly compensation.

Weekly payments can be stopped following an increase in hours on your certificate

Pursuant to Section 38 of the Workers Compensation Act, an injured worker is only entitled to weekly benefits after 130 weeks if one of the following is satisfied:

  1. The worker is totally unfit for work; or
  2. If the worker is fit for suitable duties and working at least 15 hours per week.

Most workers who have been receiving compensation for at least 130 weeks have usually been terminated or the employer has refused to provide them with suitable work. As soon as the Certificate therefore is upgraded to suitable duties, if the worker cannot obtain such suitable duties on the open labour market with some other employer, then pursuant to Section 38 of the Act, weekly payments of compensation stop. The insurer is only required to provide 6 weeks notice that weekly benefits are to stop.

Once weekly benefits stop the worker is only entitled to receive medical expenses for 2 more years.

The above only applies to workers who have a 20% whole person impairment or less. If your whole person impairment is 21% or greater, you continue to receive weekly benefits until retirement age.

Therefore, the case conference is used as a tool by rehabilitation providers and insurers to put pressure on the nominated treating doctor to increase the hours of work particularly from a worker who is unfit to work to certify that the worker is fit for some suitable employment.

The consequences of such a change in capacity for work is significant when a worker has received benefits for at least 130 weeks. If an injured worker at that stage is not working at least 15 hours per week and receives a Certificate for suitable work, then weekly compensation will stop.

Refuse to attend a Case Conference

An injured worker has a right to refuse to attend a case conference.

We recommend that you refuse to attend a case conference if you believe the rehabilitation provider will pressure the Doctor to change the certificate. Or you can make sure you discuss these matters with your general practitioner prior to the case conference without the rehabilitation provider present.

The general practitioner should be made aware that the purpose of the case conference is that the rehabilitation provider is likely to pressure the doctor to increase the Certificate of Capacity so weekly compensation benefits can be stopped, then discuss this with the Doctor before allowing the rehabilitation provider into the room.

If you would like further information on Workers Compensation, please see our articles on our blog;

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
T M
08:15 27 Feb 25
To describe my experience with Garling & Co Lawyers as transformative would be an understatement. From the moment I engaged their services, I was met with a level of professionalism, compassion, and... legal acumen that is truly unparalleled. At the heart of this exceptional team is Mr. Matthew a man whose profound intellect, vast experience, and unwavering commitment to his clients set him apart as one of the finest advocates in the field of personal injury law.Mr. Matthew possesses an extraordinary depth of knowledge, honed by years of navigating the complexities of personal injury claims. His ability to anticipate challenges, strategize effectively, and counteract adversarial tactics is nothing short of remarkable. In my case, where I suffered a debilitating back injury as a result of a workplace accident, the road to recovery both physically and legally felt insurmountable. Insurance companies and medical examiners sought to downplay the severity of my condition, attempting to minimise my impairment rating and deny me the compensation I rightfully deserved. Yet, Mr. Matthew stood firm, refusing to let them diminish the gravity of my suffering.What struck me most about Mr. Matthew and indeed the entire team at Garling & Co is their genuine care for their clients. Mr. Matthew is not merely a lawyer; he is a compassionate advocate who understands the human element behind every case. He listened intently as I described the chronic pain, mobility limitations, and emotional toll caused by my back injury , treating my story with the seriousness it warranted. His internal and external team, equally brilliant and dedicated, worked tirelessly to gather medical evidence, consult specialists, and build an unassailable case that highlighted the true extent of my injuries. Together, they formed an unstoppable force, driven by a shared mission to deliver the best possible result for their clients.The professionalism exhibited by Garling & Co is of such a high caliber that it defies belief. Every interaction was marked by courtesy, precision, and transparency. They communicated with me regularly, keeping me informed at every stage of the process and ensuring I felt empowered rather than overwhelmed. Their ability to simplify even the most intricate legal matters into understandable terms speaks volumes about their expertise and client-centered approach.Thanks to Mr. Matthew and his team, what began as a daunting and disheartening journey ended in triumph. Facing a severe back injury that left me unable to work or enjoy life as I once did, I encountered countless obstacles designed to diminish my claim. Yet, under Mr. Matthew’s guidance, those barriers were dismantled one by one. The result he achieved for me was not just satisfactory it was extraordinary. He secured the maximum compensation I deserved, restoring not only my financial stability but also my faith in the legal system.If you find yourself grappling with the aftermath of a personal injury, whether it be a back injury , workplace accident, or any other trauma, I implore you to place your trust in Garling & Co Lawyers. They are more than capable of turning despair into hope, adversity into victory, and injustice into resolution. With Mr. Matthew leading the charge, you can rest assured that your case will be handled with the utmost integrity, intelligence, and tenacity.In closing, I wish to express my deepest gratitude to Mr. Matthew and the entire team at Garling & Co. You have made an indelible impact on my life, and I will forever be indebted to you for your tireless efforts and unwavering support. To anyone seeking representation that combines brilliance, professionalism, and genuine care, look no further Garling & Co is the epitome of excellence.read more
S Z
07:46 27 Feb 25
I cannot express enough gratitude for the exceptional support and dedication provided by Garling & Co Lawyers, particularly Mr. Matthew, Alison, and their incredible team. They have been nothing... short of a lifeline during one of the darkest chapters of my life a time when I felt abandoned, broken, and unsure if anyone could truly help me.After sustaining multiple disabilities from a workplace injury, I was left grappling with physical pain, emotional turmoil, and overwhelming uncertainty about my future. I had initially turned to another law firm one of those big names everyone talks about but they failed me. Despite their promises and polished reputation, they couldn’t deliver when it mattered most. Faced with insurance medical examiners determined to downplay my injuries and strip away my rights, I felt powerless. It seemed like no one was on my side until I found Garling & Co.From the very first conversation, Matthew, Alison, and the entire team showed me what real compassion looks like. They didn’t just hear my story; they felt it. Every phone call I made was answered with patience and understanding. Every question I had was met with clarity and reassurance. For the first time in months, I felt seen, heard, and valued not as a case file, but as a person.What sets Garling & Co apart isn’t just their unmatched legal expertise it’s their humanity. They understood the weight of what I was carrying, and they carried it with me. Where others saw obstacles too great to overcome, they saw opportunities to fight harder. Their wisdom, determination, and relentless pursuit of justice transformed a losing case into a victory that exceeded all expectations.The difference between my previous lawyers and Garling & Co? Heart. My former lawyers treated my case like a transaction; Garling & Co treated it like a mission. They refused to let the insurance company minimize my suffering or dismiss my struggles. Instead, they fought tooth and nail to secure the maximum impairment compensation I deserved a result I never dreamed possible after everything I’d been through.If you’re reading this and feeling lost, scared, or defeated, please know there is hope. No matter how complex or challenging your situation may seem, Garling & Co will stand by you. They’ll dig deep, work tirelessly, and leave no stone unturned in their quest for fairness and justice. You won’t just be hiring lawyers you’ll be gaining advocates who genuinely care about your well-being and your future.To Matthew, Alison, and the entire team at Garling & Co: thank you!!! doesn’t feel like enough. You’ve given me back my dignity, my peace of mind, and my belief that good people still exist in this world. If anyone is searching for a team that will pour their heart and soul into your case, look no further. These are the lawyers who will turn your darkest days into brighter tomorrows.read more
Jude M.
03:54 21 Feb 25
I rang Mr Matthew Garling on a matter, and Matthew gave me his time and honest advice from goodwill. Matthew is a very honest, good man of integrity who went beyond the call of duty. I would highly... recommend Matthew and his company.read more
Pouya Zadbar T.
01:36 15 Feb 25
Garling and Co were very helpful and did their best to get the most payout for my mothers workers compensation claim. We were very happy with their patience and understanding as this was a long and... trying process with the insurance. I Would definitely recommend their services.read more
Don T.
05:59 13 Feb 25
I had an occupational accident for 2 years and after the surgery for a whole year there was no good result and my body was in so much pain that I could not return to work. Everyone told me to find a... lawyer immediately, I did not know which lawyer could help me so I searched on Google. After searching I found that many clients were very satisfied with Garling & Co, so I texted Garling & Co. They immediately called back and asked if I felt pain and could not come to the office, they would come to see me but I replied that I could come. And the legal journey started from there. I met Mr. Garling who was about my age but very enthusiastic and dedicated and he explained and advised me in a way that I could understand all the questions and I agreed with him very much, then he handed over my case to Ms. Allison to contact me. Everything went very well according to his arrangements from the first step to the last step. Until the last day, he explained how the negotiation was going and I understood the whole story. I did not ask for too much and the number I gave was quickly agreed to avoid lengthy legal headaches. In total, after 4 years of the accident and almost 2 years with the help of Garling & Co, everything was resolved happily for all parties. Once again, I thank Mr. Garling, Ms. Allison and everyone at Garling & Co for helping me, they are wonderful and I hope they will continue their good work helping people who need legal help like I need help. Thank you very much Garling & Co.read more
Pedro M.
04:26 11 Feb 25
Thank you so much for all the help and support this past years.I recommend it to anyone who needs help.Thanks again and all the best for the Garling & Co team and a special thanks to Kerry Byrnes.
Ron J.
03:49 11 Feb 25
I had an overall good experience with Garling and Co. I was the victim of a major motorvehicle accident in April 2021. There were a few complications in my case including me having to move overseas... for 2 years temporarily during the progression of my claim and original lawyer from Garling that handled my case leaving the firm. The move overseas resulted in the insurer cutting off my income replacement, which lasted for 9 months, which as you can imagine created a major financial strain on the family On both these occasions, Garling worked to get a good result. They fought in front of the NSW Panel, and got a reported decision that states that all Permanent Residents and Citizens of Australia have the right to be paid income replacement even when overseas, during an accident claim under CTP cover. They also worked very hard in the face of a typically uncooperative and obstructive insurer to progress my claim over the last (almost 4 years) and the replacement lawyer Kerry Burns has done amazing work, with care, empathy and professionalism. I've had a good experience with them!read more
Sandra C.
03:27 06 Feb 25
Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.read more
kokomo U.
01:38 15 Jan 25
Such a difficult time for me and so grateful to have alison and Mathews help...knowing I could trust in their knowledge, along with the understanding and compassion I received helped make a trying... time easier to navigate. Thankyou guys, would highly recommendread more
Sam H.
09:47 17 Dec 24
Very knowledgeable, explains everything very clearly and highly recommend.
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T M
08:15 27 Feb 25
To describe my experience with Garling & Co Lawyers as transformative would be an understatement. From the moment I engaged their services, I was met with a level of professionalism, compassion, and... legal acumen that is truly unparalleled. At the heart of this exceptional team is Mr. Matthew a man whose profound intellect, vast experience, and unwavering commitment to his clients set him apart as one of the finest advocates in the field of personal injury law.Mr. Matthew possesses an extraordinary depth of knowledge, honed by years of navigating the complexities of personal injury claims. His ability to anticipate challenges, strategize effectively, and counteract adversarial tactics is nothing short of remarkable. In my case, where I suffered a debilitating back injury as a result of a workplace accident, the road to recovery both physically and legally felt insurmountable. Insurance companies and medical examiners sought to downplay the severity of my condition, attempting to minimise my impairment rating and deny me the compensation I rightfully deserved. Yet, Mr. Matthew stood firm, refusing to let them diminish the gravity of my suffering.What struck me most about Mr. Matthew and indeed the entire team at Garling & Co is their genuine care for their clients. Mr. Matthew is not merely a lawyer; he is a compassionate advocate who understands the human element behind every case. He listened intently as I described the chronic pain, mobility limitations, and emotional toll caused by my back injury , treating my story with the seriousness it warranted. His internal and external team, equally brilliant and dedicated, worked tirelessly to gather medical evidence, consult specialists, and build an unassailable case that highlighted the true extent of my injuries. Together, they formed an unstoppable force, driven by a shared mission to deliver the best possible result for their clients.The professionalism exhibited by Garling & Co is of such a high caliber that it defies belief. Every interaction was marked by courtesy, precision, and transparency. They communicated with me regularly, keeping me informed at every stage of the process and ensuring I felt empowered rather than overwhelmed. Their ability to simplify even the most intricate legal matters into understandable terms speaks volumes about their expertise and client-centered approach.Thanks to Mr. Matthew and his team, what began as a daunting and disheartening journey ended in triumph. Facing a severe back injury that left me unable to work or enjoy life as I once did, I encountered countless obstacles designed to diminish my claim. Yet, under Mr. Matthew’s guidance, those barriers were dismantled one by one. The result he achieved for me was not just satisfactory it was extraordinary. He secured the maximum compensation I deserved, restoring not only my financial stability but also my faith in the legal system.If you find yourself grappling with the aftermath of a personal injury, whether it be a back injury , workplace accident, or any other trauma, I implore you to place your trust in Garling & Co Lawyers. They are more than capable of turning despair into hope, adversity into victory, and injustice into resolution. With Mr. Matthew leading the charge, you can rest assured that your case will be handled with the utmost integrity, intelligence, and tenacity.In closing, I wish to express my deepest gratitude to Mr. Matthew and the entire team at Garling & Co. You have made an indelible impact on my life, and I will forever be indebted to you for your tireless efforts and unwavering support. To anyone seeking representation that combines brilliance, professionalism, and genuine care, look no further Garling & Co is the epitome of excellence.read more
S Z
07:46 27 Feb 25
I cannot express enough gratitude for the exceptional support and dedication provided by Garling & Co Lawyers, particularly Mr. Matthew, Alison, and their incredible team. They have been nothing... short of a lifeline during one of the darkest chapters of my life a time when I felt abandoned, broken, and unsure if anyone could truly help me.After sustaining multiple disabilities from a workplace injury, I was left grappling with physical pain, emotional turmoil, and overwhelming uncertainty about my future. I had initially turned to another law firm one of those big names everyone talks about but they failed me. Despite their promises and polished reputation, they couldn’t deliver when it mattered most. Faced with insurance medical examiners determined to downplay my injuries and strip away my rights, I felt powerless. It seemed like no one was on my side until I found Garling & Co.From the very first conversation, Matthew, Alison, and the entire team showed me what real compassion looks like. They didn’t just hear my story; they felt it. Every phone call I made was answered with patience and understanding. Every question I had was met with clarity and reassurance. For the first time in months, I felt seen, heard, and valued not as a case file, but as a person.What sets Garling & Co apart isn’t just their unmatched legal expertise it’s their humanity. They understood the weight of what I was carrying, and they carried it with me. Where others saw obstacles too great to overcome, they saw opportunities to fight harder. Their wisdom, determination, and relentless pursuit of justice transformed a losing case into a victory that exceeded all expectations.The difference between my previous lawyers and Garling & Co? Heart. My former lawyers treated my case like a transaction; Garling & Co treated it like a mission. They refused to let the insurance company minimize my suffering or dismiss my struggles. Instead, they fought tooth and nail to secure the maximum impairment compensation I deserved a result I never dreamed possible after everything I’d been through.If you’re reading this and feeling lost, scared, or defeated, please know there is hope. No matter how complex or challenging your situation may seem, Garling & Co will stand by you. They’ll dig deep, work tirelessly, and leave no stone unturned in their quest for fairness and justice. You won’t just be hiring lawyers you’ll be gaining advocates who genuinely care about your well-being and your future.To Matthew, Alison, and the entire team at Garling & Co: thank you!!! doesn’t feel like enough. You’ve given me back my dignity, my peace of mind, and my belief that good people still exist in this world. If anyone is searching for a team that will pour their heart and soul into your case, look no further. These are the lawyers who will turn your darkest days into brighter tomorrows.read more
Jude M.
03:54 21 Feb 25
I rang Mr Matthew Garling on a matter, and Matthew gave me his time and honest advice from goodwill. Matthew is a very honest, good man of integrity who went beyond the call of duty. I would highly... recommend Matthew and his company.read more
Pouya Zadbar T.
01:36 15 Feb 25
Garling and Co were very helpful and did their best to get the most payout for my mothers workers compensation claim. We were very happy with their patience and understanding as this was a long and... trying process with the insurance. I Would definitely recommend their services.read more
Don T.
05:59 13 Feb 25
I had an occupational accident for 2 years and after the surgery for a whole year there was no good result and my body was in so much pain that I could not return to work. Everyone told me to find a... lawyer immediately, I did not know which lawyer could help me so I searched on Google. After searching I found that many clients were very satisfied with Garling & Co, so I texted Garling & Co. They immediately called back and asked if I felt pain and could not come to the office, they would come to see me but I replied that I could come. And the legal journey started from there. I met Mr. Garling who was about my age but very enthusiastic and dedicated and he explained and advised me in a way that I could understand all the questions and I agreed with him very much, then he handed over my case to Ms. Allison to contact me. Everything went very well according to his arrangements from the first step to the last step. Until the last day, he explained how the negotiation was going and I understood the whole story. I did not ask for too much and the number I gave was quickly agreed to avoid lengthy legal headaches. In total, after 4 years of the accident and almost 2 years with the help of Garling & Co, everything was resolved happily for all parties. Once again, I thank Mr. Garling, Ms. Allison and everyone at Garling & Co for helping me, they are wonderful and I hope they will continue their good work helping people who need legal help like I need help. Thank you very much Garling & Co.read more
Pedro M.
04:26 11 Feb 25
Thank you so much for all the help and support this past years.I recommend it to anyone who needs help.Thanks again and all the best for the Garling & Co team and a special thanks to Kerry Byrnes.
Ron J.
03:49 11 Feb 25
I had an overall good experience with Garling and Co. I was the victim of a major motorvehicle accident in April 2021. There were a few complications in my case including me having to move overseas... for 2 years temporarily during the progression of my claim and original lawyer from Garling that handled my case leaving the firm. The move overseas resulted in the insurer cutting off my income replacement, which lasted for 9 months, which as you can imagine created a major financial strain on the family On both these occasions, Garling worked to get a good result. They fought in front of the NSW Panel, and got a reported decision that states that all Permanent Residents and Citizens of Australia have the right to be paid income replacement even when overseas, during an accident claim under CTP cover. They also worked very hard in the face of a typically uncooperative and obstructive insurer to progress my claim over the last (almost 4 years) and the replacement lawyer Kerry Burns has done amazing work, with care, empathy and professionalism. I've had a good experience with them!read more
Sandra C.
03:27 06 Feb 25
Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.read more
kokomo U.
01:38 15 Jan 25
Such a difficult time for me and so grateful to have alison and Mathews help...knowing I could trust in their knowledge, along with the understanding and compassion I received helped make a trying... time easier to navigate. Thankyou guys, would highly recommendread more
Sam H.
09:47 17 Dec 24
Very knowledgeable, explains everything very clearly and highly recommend.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
Google Rating
4.9