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Only one claim for Permanent Impairment Compensation

The NSW Court of Appeal on 27 August 2015 handed down a decision in the matter of Cram Fluid Power Pty Limited v Green [2015] NSWCA 250.

This case determined (after a number of previous cases had also looked at this issue) that where a worker has received lump sum compensation for whole person impairment in the past, they cannot bring a further claim for whole person impairment, no matter when they previously received lump sum compensation.

Section 66 (1A) states that only one claim can be made under the Act for permanent impairment compensation in respect of the permanent impairment that results from an injury.

As such, if you have at any time received lump-sum compensation for whole person impairment you cannot ever bring a further claim for an increase in that whole person impairment even if your condition gets worse.

The decision therefore when to pursue a claim for whole person impairment is crucial. You can only do so when it is clear that your condition is stable and is unlikely ever to deteriorate in the future.

The level of whole person impairment is now vitally important as not only does it allow for a lump sum amount of compensation but it also determines the length of time for which you are entitled to receive weekly payments of compensation and medical expenses.

For example, if you have an assessment of whole person impairment of 10% or less, then your entitlement to weekly compensation ceases at a maximum period of 5 years and medical expenses at 2 years.

If your level of whole person impairment is between 11 and 20%, then you are entitled to weekly payments for a maximum of 5 years and medical expenses for a maximum of 5 years.

If your assessment of whole person impairment is 21% or greater then you are entitled to weekly payments until retirement age and medical expenses for life.

Obtaining the highest whole person impairment you can is therefore crucial in determining how long you receive benefits however the timing of when to proceed with such a claim is fraught with danger as you only get one chance. If you get the timing wrong you may be limited to 5 years benefits instead of lifetime benefits.

This makes a decision on proceeding with a lump sum claim very difficult for all involved.

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...
Jennifer J.
23:54 03 Oct 26
I was introduced to Garling & Co. following my injury, by a family member who had previously had a positive outcome.From our initial phone contacts with Kerry Byrnes, we were confident we had made... the correct decision to engage them.We were kept updated by Kerry, Myriel & other staff throughout the process. They kept us informed in a professional, prompt & detailed manner. This gave us confidence that our case was being handled with my best interests foremost. I have absolutely no hesitation in recommending Garling & Co. to future clients.Paul J.read more
Helen B.
02:14 29 Sep 26
Matthew and his team have always been very supportive and helpful throughout my long journey to settlement. Thank you everyone who helped me through this process.
AlnLisa K.
04:15 16 Sep 26
Our experience with Garling&Co has been nothing short of exceptional since our first meeting. Matthew and his team have been absolutely amazing. They are professional, prompt, attentive, empathetic... and honest. Highly recommend 100%. Matthew - THANK YOUread more
JH D
08:13 27 Aug 26
I can’t recommend Matthew Garling and the team at Garling & Co highly enough. Matthew represented me through what was a very complex and lengthy personal injury matter, and throughout the entire... process I always felt that I had someone experienced, knowledgeable and genuinely committed to achieving the best possible outcome for me.One thing I really appreciated was Matthew’s support during the most stressful periods of the matter. Whenever I was overwhelmed or overthinking where things were heading, Matthew would make the time to call me, talk me through the situation, settle my thoughts and put me back on the right path. That personal support made a very difficult process much easier to manage.Matthew was always straightforward with his advice, took the time to explain the important issues and was never afraid to have the difficult conversations when they were needed. His experience in personal injury law was obvious, particularly when dealing with the more complicated aspects of my matter.After a number stressful years, I’m extremely grateful for the work Matthew and his team put in and for the outcome they ultimately achieved for me.I have no hesitation recommending Matthew Garling and the Garling & Co team to anyone needing an experienced and supportive personal injury lawyer.read more
M
00:34 27 Aug 26
Words can't explain how immensely grateful I am to have had Matthew and Allison assist me throughout this claim. I believe I was awarded exactly the compensation I was meant to receive and couldn't... be happier with the outcome. Matthew is a man who seeks justice for the average person - he never asserts himself, even for a moment, to be anything but a man who wishes to seek, serve and defend truth. He is extremely gracious in his speech, countenance, and should be recognised throughout life for these things and more. I highly recommend Matthew Garling and the entire team at Garling and Co - don't bother looking elsewhere.read more
Chris H.
02:52 31 Jul 26
I engaged Garling & Co to guide me through a personal injury claim and could not have asked for better representation. Matthew was in a different class to the other lawyers I had spoken to, and that... was clear from our very first phone call. At that time, I was not even sure a claim would go ahead. It was just a call for advice and Matthew was generous with his time which created immediate trust.My options were always explained clearly and the decision was always left with me with no pressure to follow a particular course of action. Allison and the rest of Matthew's team are equally excellent and were on hand throughout, taking me through the process and passing on information at the right time.No hesitation in recommending them to anyone looking for the best advice in NSW.read more
Mik B.
01:18 31 Jul 26
Matthew and the team at Garling & Co have provided seamless care throughout my case. Keeping me updated and providing the best advice on my workers compensation matter. I felt will looked after and a... have high level of trust in my legal matters.read more
Donna M.
21:09 30 Jul 26
Kerry and her team are professional showing real empathy and kindness.Going through a severe psychological work injury is a deeply lonely, exhausting, and anxiety-ridden road. But from the moment... Kerry and her team stepped in, everything changed. They showed me the kind of genuine empathy, warmth, and human kindness that you just don't expect to find in the legal world. They truly, deeply understand the complexities of psychological injury law, but more importantly, they understand the human being behind the case. No matter how scrambled or anxious my mind was feeling, they always found the time to answer my frantic check-ins and left me feeling completely reassured and safe.What I respect most about them is their absolute integrity.Kerry has a brilliant legal mind specialising in personal injury,and only ever sticks strictly to the real facts and let the honest, medical truth do the talking.Thank you Kerry and Myriel.❣️read more
Jd A.
21:05 30 Jul 26
Like to thank Matthew and the team for their work and dedication ,special thanks to Matthew for being vigilant in helping me navigate the insurance battle.My advice to anyone is trust Matthew and... yourself, say vigilant.Thank youGarling and coDaveread more
Marshall B.
01:57 09 Jul 26
Mathew and his team were a pleasure. Very sympathetic to my situation and very easy to work with. Explained the process so well and always kept in contact and looked out for my best interest. I... wouldn't hesitate to recommend Garling & Co to anyone.read more
READ ALL TESTIMONIALS

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Jennifer J.
23:54 03 Oct 26
I was introduced to Garling & Co. following my injury, by a family member who had previously had a positive outcome.From our initial phone contacts with Kerry Byrnes, we were confident we had made... the correct decision to engage them.We were kept updated by Kerry, Myriel & other staff throughout the process. They kept us informed in a professional, prompt & detailed manner. This gave us confidence that our case was being handled with my best interests foremost. I have absolutely no hesitation in recommending Garling & Co. to future clients.Paul J.read more
Helen B.
02:14 29 Sep 26
Matthew and his team have always been very supportive and helpful throughout my long journey to settlement. Thank you everyone who helped me through this process.
AlnLisa K.
04:15 16 Sep 26
Our experience with Garling&Co has been nothing short of exceptional since our first meeting. Matthew and his team have been absolutely amazing. They are professional, prompt, attentive, empathetic... and honest. Highly recommend 100%. Matthew - THANK YOUread more
JH D
08:13 27 Aug 26
I can’t recommend Matthew Garling and the team at Garling & Co highly enough. Matthew represented me through what was a very complex and lengthy personal injury matter, and throughout the entire... process I always felt that I had someone experienced, knowledgeable and genuinely committed to achieving the best possible outcome for me.One thing I really appreciated was Matthew’s support during the most stressful periods of the matter. Whenever I was overwhelmed or overthinking where things were heading, Matthew would make the time to call me, talk me through the situation, settle my thoughts and put me back on the right path. That personal support made a very difficult process much easier to manage.Matthew was always straightforward with his advice, took the time to explain the important issues and was never afraid to have the difficult conversations when they were needed. His experience in personal injury law was obvious, particularly when dealing with the more complicated aspects of my matter.After a number stressful years, I’m extremely grateful for the work Matthew and his team put in and for the outcome they ultimately achieved for me.I have no hesitation recommending Matthew Garling and the Garling & Co team to anyone needing an experienced and supportive personal injury lawyer.read more
M
00:34 27 Aug 26
Words can't explain how immensely grateful I am to have had Matthew and Allison assist me throughout this claim. I believe I was awarded exactly the compensation I was meant to receive and couldn't... be happier with the outcome. Matthew is a man who seeks justice for the average person - he never asserts himself, even for a moment, to be anything but a man who wishes to seek, serve and defend truth. He is extremely gracious in his speech, countenance, and should be recognised throughout life for these things and more. I highly recommend Matthew Garling and the entire team at Garling and Co - don't bother looking elsewhere.read more
Chris H.
02:52 31 Jul 26
I engaged Garling & Co to guide me through a personal injury claim and could not have asked for better representation. Matthew was in a different class to the other lawyers I had spoken to, and that... was clear from our very first phone call. At that time, I was not even sure a claim would go ahead. It was just a call for advice and Matthew was generous with his time which created immediate trust.My options were always explained clearly and the decision was always left with me with no pressure to follow a particular course of action. Allison and the rest of Matthew's team are equally excellent and were on hand throughout, taking me through the process and passing on information at the right time.No hesitation in recommending them to anyone looking for the best advice in NSW.read more
Mik B.
01:18 31 Jul 26
Matthew and the team at Garling & Co have provided seamless care throughout my case. Keeping me updated and providing the best advice on my workers compensation matter. I felt will looked after and a... have high level of trust in my legal matters.read more
Donna M.
21:09 30 Jul 26
Kerry and her team are professional showing real empathy and kindness.Going through a severe psychological work injury is a deeply lonely, exhausting, and anxiety-ridden road. But from the moment... Kerry and her team stepped in, everything changed. They showed me the kind of genuine empathy, warmth, and human kindness that you just don't expect to find in the legal world. They truly, deeply understand the complexities of psychological injury law, but more importantly, they understand the human being behind the case. No matter how scrambled or anxious my mind was feeling, they always found the time to answer my frantic check-ins and left me feeling completely reassured and safe.What I respect most about them is their absolute integrity.Kerry has a brilliant legal mind specialising in personal injury,and only ever sticks strictly to the real facts and let the honest, medical truth do the talking.Thank you Kerry and Myriel.❣️read more
Jd A.
21:05 30 Jul 26
Like to thank Matthew and the team for their work and dedication ,special thanks to Matthew for being vigilant in helping me navigate the insurance battle.My advice to anyone is trust Matthew and... yourself, say vigilant.Thank youGarling and coDaveread more
Marshall B.
01:57 09 Jul 26
Mathew and his team were a pleasure. Very sympathetic to my situation and very easy to work with. Explained the process so well and always kept in contact and looked out for my best interest. I... wouldn't hesitate to recommend Garling & Co to anyone.read more
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.
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