Questione giuridica chiave
Whether the denial of a disability pension and further insurance benefits could stand on the existing medical record.
Decisione estratta
No. The medical record did not reliably determine earning capacity because the impact of pre-existing, accident-unrelated psychiatric impairment had not been adequately assessed together with the somatic consequences.
Motivazione estratta
Art. 28(3) UVV required comparison with the income the insured could still earn despite both the accident sequelae and the prior impairment. The functional assessment addressed only somatic limitations; psychiatric aspects and IV records were not sufficiently integrated, so a multidisciplinary expert opinion was necessary.