Key legal question
Whether the invalidity income could be determined using ESS wage statistics and a 10% deduction.
Extracted holding
Yes. In the absence of an actually earned post-injury income, the invalid income may be assessed with ESS statistics; the cantonal court correctly relied on that method and applied a 10% deduction.
Extracted reasoning
The use of ESS statistics for the second term of the income comparison is settled case law. The appellant showed no reason to depart from that jurisprudence. The fact that the statistical income may exceed the pre-injury income does not make the method arbitrary, and a deduction can account for reduced earning capacity.