Key legal question
Whether Art. 37(4)(b) AVIV allows first-time determination of insured earnings based on changed employability.
Extracted holding
No. The provision applies only to adjustment of an already determined insured earning within an ongoing benefit framework period, not to initial calculation.
Extracted reasoning
The wording of Art. 37(4)(b) AVIV concerns a later re-fixation for the next control period after a change in employability; it does not govern the first determination.