Question juridique clé
Whether the kantonal court correctly determined the valid income by relying on LSE table 1, level 1+2, instead of level 3.
Solution extraite
The use of LSE level 1+2 was justified because the insured's career, self-employment, and prior earnings supported a higher qualified earning capacity.
Motifs extraits
Where concrete income data are too sparse and inconsistent, statistical wages may be used, adjusted for individual professional factors. The insured had a long career as a painter/plasterer, had become self-employed, and his 2000 earnings confirmed the order of magnitude of the higher benchmark.