A statutory workers' compensation policy indemnifies the employer only for its apportioned share of responsibility as a joint tortfeasor, not the full judgment amount, even where the worker has obtained judgment against the employer for the full amount of modified common law damages. The insurer's liability is not extended by the worker's right to enforce the full judgment against the employer, nor by the insolvency or inability to pay of a non-employer joint tortfeasor. The question of whether the Brisbane Stevedoring decision assists in construing the NSW statutory policy was resolved against the appellant, the Court holding that the materially different Queensland policy wording meant that decision provided no comfort.
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