Questione giuridica chiave
Whether the insured’s residual earning capacity in an adapted job had to be imputed already from June 2007.
Decisione estratta
No. In the specific circumstances, the insured could in good faith continue her 50% sales job until informed otherwise, so the adapted-work income was not to be used immediately from June 2007.
Motivazione estratta
She had a stable employment relationship, had requested rehabilitation in the same profession, and the administration itself supported reintegration with the employer. The authority had not clearly informed her that she was expected to leave her job and seek adapted work; therefore the duty to mitigate damage could only be applied later, after proper notice and a reasonable adjustment period.