Questão jurídica principal
Whether the insured earnings for accident insurance daily benefits had to be set above CHF 63,000, in particular based on a higher industry, collective agreement, or business-specific wage.
Decisão extraída
The insured earnings were not proven to exceed CHF 63,000; the insurer and lower court applied the relevant rules correctly.
Fundamentação extraída
For persons covered by Art. 22(2)(c) UVV, the relevant benchmark is the beruf- and ortsüblicher Lohn only if it is higher than the actual earnings. The claimant did not show that a higher wage was more probable than CHF 63,000. The collective agreement for interior decorators did not fit his qualification profile, and the LSE-based comparison for leather goods/leather processing provided a sufficiently reliable basis.