Questão jurídica principal
Whether the disability rate was correctly assessed using a comparison of incomes based on statistical wages and a residual capacity of work.
Decisão extraída
The cantonal court correctly relied on a theoretical balanced labor market and statistical wages; the insured retained a full capacity in adapted work, so the 3% disability rate was not unlawful.
Fundamentação extraída
Under Art. 16 LPGA, the decisive question is whether the residual earning capacity can be exploited on an abstract balanced labor market, not whether an actual job is immediately available. The medical evidence supported full work capacity in adapted work, and the limitations did not make such work unrealistic.