An insurer's decision to allow a workers' compensation application under s 134 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) does not preclude the insurer from subsequently denying that the claimant was a 'worker' as defined in the Act when the employer seeks indemnity under the statutory accident insurance against a damages claim. The compensation and damages regimes operate independently for the purpose of determining the scope of the accident insurance defined in s 8. Employers cannot rely on the insurer's earlier acceptance of a compensation claim to establish entitlement to indemnity against damages.
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