The exclusion in s 93B(3)(a) of the Workers' Compensation and Rehabilitation Act 1981 (WA) applies only to common law damages against insured persons under the Motor Vehicle (Third Party Insurance) Act 1943 (WA); where the employer is not the owner or driver of the vehicle, Division 2 constraints on common law damages apply to claims against the employer. Section 93C does not preclude the institution of proceedings — it operates only at the stage of awarding damages. Section 93F(4) looks to the time contribution liability would arise (judgment in the main action), not the time proceedings are commenced, so the absence of a current disability determination does not preclude third party contribution proceedings.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.