Key legal question
Whether an invalidity pension paid after a first accident counts as part of the presumable lost earnings after a later accident or relapse.
Extracted holding
The pension cannot be included in the lost presumable earnings if, before the second event, the insured was able to earn more than the amount they would have received without the first accident.
Extracted reasoning
The decisive comparison is the earning capacity before the second event against the hypothetical income without the first accident; the prior pension is not part of the income lost by the later event.