Kernrechtsfrage
Whether Article 28(4) UVV applies to the assessment of the disability degree in this case.
Extrahierter Entscheid
Yes. The insured was of advanced age at pension commencement, so the comparison must be made using income assumptions for a person of middle age.
Extrahierte Begründung
The insured was nearly 63 at pension start and almost 65 when the objection decision was issued. Under the case law, advanced age is generally present from about 60 years. The file did not contain sufficient data for a direct assessment under the middle-age comparison rules, so the matter had to be remitted for recalculation.