An employer's right to indemnity under s 93(1) of the Workers' Compensation and Injury Management Act 1981 (WA) against a deemed employer requires proof that the worker's degree of disability satisfied the threshold requirements in Part IV Division 2; without such proof, no legal liability to pay damages exists for the purposes of s 93(1). A deemed employer under s 175 is capable of being both an 'employer' and 'the defendant' for the purposes of s 93. Contractual indemnities that abrogate statutory rights under s 93 are void by reason of s 181 (now s 301).
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