Questione giuridica chiave
Whether the insured's daily allowance should be calculated from the last actual income or from statistical wage tables
Decisione estratta
The court held that, given the long gap since the last full occupation and the lack of a reliable last salary basis, the allowance had to be determined using statistical wage data.
Motivazione estratta
The insured was treated as gainfully employed under Art. 20sexies IVV, but his last fully performed job was more than two years earlier. It was therefore appropriate to determine the hypothetical income at the start of the vocational measure using LSE tables, not the 2001 income.