An insurer seeking recovery from another insurer under s 74 of the Workers' Compensation and Injury Management Act 1981 (WA) need not first obtain an order or agreement that the worker is entitled to compensation. The worker's entitlement arises upon the occurrence of the disability under s 18, and the arbitrator in inter-insurer proceedings can consider the worker's entitlement as a step in determining liability between insurers, though may not be able to make a determination binding on the worker.
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