Question juridique clé
Whether the cantonal court could reduce the invalid income beyond the medically established 30% work incapacity because of hidden wage costs and short-term performance fluctuations.
Solution extraite
No. Where an insured person is generally fully employable but works with reduced performance, there is no basis for an additional deduction from the invalid income beyond the established impairment; such a deduction is only possible when using statistical wages.
Motifs extraits
The invalid income should be determined as concretely as possible. Here, however, the reasons for the impairment also affect adapted work equally, so no separate wage deduction was justified. The alleged hidden wage costs do not permit a further reduction when the assessment is not based on statistical wages.