Questione giuridica chiave
Whether the unemployment fund could reduce insured earnings under Art. 40b AVIV because the insured had only 7.89% remaining earning capacity.
Decisione estratta
No. Art. 40b AVIV does not apply when the health-related reduction in earning capacity is below 10%; the insured earnings had to remain at CHF 5,515.
Motivazione estratta
The rule serves to align unemployment benefits with remaining earning capacity and applies regardless of whether the reduction was found by invalidity or accident insurance. However, where the impairment is below 10%, it is too minor to justify a correction of insured earnings.