Question juridique clé
Whether the invalidity degree had to be assessed by comparing incomes or could simply follow the 40% work incapacity.
Solution extraite
After termination of the previous job and no actual post-impairment earnings, the invalidity degree had to be determined by income comparison using statistical data; the previous job could not be used as the reference for actual earning capacity.
Motifs extraits
Because the appellant no longer worked in her former job and could not in practice realize income there after dismissal, the case did not allow reliance on that former wage; statistical salary data were therefore required, although the cantonal court's alternative reasoning caused no prejudice.