Key legal question
Whether the claimant's hypothetical income without disability should include likely promotion to Senior Consultant.
Extracted holding
Yes. The employer's clarified statements showed that the promotion would have occurred with overwhelming probability absent the disability.
Extracted reasoning
The first employer letter was ambiguous, but the later clarification established that the promotion was a normal career step and that only the claimant's physical limitations prevented it. The lower court therefore failed to fully establish the facts and overestimated the proof requirements.