Kernrechtsfrage
Whether the insured was entitled to a higher disability pension from 1 May 2008 based on an invalidity degree of at least 50%.
Extrahierter Entscheid
No. The court found that although the knee condition had worsened by 1 May 2008, further treatment could still bring a substantial improvement, so a lasting earning incapacity required for a higher pension was not established.
Extrahierte Begründung
The later medical course showed that the suitability profile used by SUVA was no longer valid on 1 May 2008, but it also showed that additional treatment after that date was still expected to improve the condition. Thus the prerequisite of permanent or long-term incapacity under ATSG was missing.