Key legal question
Whether Art. 28(4) UVV applies to the calculation of the invalidity degree for an insured person near retirement age
Extracted holding
Art. 28(4) UVV applies because the insured person was already of advanced age and the age factor prevented the use of residual earning capacity on the balanced labour market.
Extracted reasoning
The court held that the special rule also covers cases where advanced age, even without additional medical restrictions, makes the exploitation of residual capacity unrealistic; it is meant to avoid excessive invalidity degrees and de facto old-age pensions in accident insurance.