Questione giuridica chiave
Whether the cantonal court could apply income parallelism without factual findings that the insured had deliberately accepted a below-average wage for reasons unrelated to disability.
Decisione estratta
No. Income parallelism requires proven facts showing that the insured did not intend to accept a modest salary; there is no presumption to that effect.
Motivazione estratta
The lower court made no sufficient findings on whether the insured had voluntarily accepted a considerably below-average income for non-disability reasons. Without establishing this prerequisite, the court could not reduce the invalid income statistically.