Question juridique clé
Whether the insured person had a recoverable residual earning capacity to be counted in the overcompensation calculation.
Solution extraite
The insured person could still reasonably earn income corresponding to his last wage at the assisted-living home, so residual earnings had to be taken into account.
Motifs extraits
The lower court was entitled to assess freely, on the medical evidence and prior work history, that the claimant remained fit for part-time work and that the presumption aligning the notional earnings with the IV invalid income was not rebutted.