Question juridique clé
Whether the appellate court arbitrarily determined that the accident-related permanent work incapacity was below 10%.
Solution extraite
No. The medical reports supported the view that the 20% incapacity concerned the full symptom picture, including non-causal jaw complaints; excluding those complaints, the accident-related share could be set below 10%.
Motifs extraits
The experts assessed work capacity with the entire symptom complex in mind. The later report no longer treated the jaw pain as accident-related. Given the claimant's own emphasis on the jaw pain, it was not arbitrary to reduce the causal share of incapacity.