Questione giuridica chiave
Whether the insurer could assess disability independently of the AI decision and set incapacity at 40%
Decisione estratta
Yes. AI findings are not binding on accident insurance, and the medical record supported full work capacity in suitable light sedentary work.
Motivazione estratta
The court relied on the orthopedic expert R. and held that the competing medical opinions did not convincingly show a reduced work capacity in adapted work after the 2007 surgery.