Question juridique clé
How should the insured earnings for daily allowance be determined under Art. 23(3) UVV given fluctuating commission-based income and a recent job change?
Solution extraite
The insured earnings had to be calculated using an appropriate average daily wage under Art. 23(3) UVV, based on the concrete employment relationship at the time of the accident; the insurer's method, which partly took prior earnings into account, was not objectionable.
Motifs extraits
The salary depended materially on commissions and turnover, so strong wage fluctuations existed. Art. 23(3) UVV aims to smooth fluctuations within the same employment relationship, not to offset a self-chosen career change. A period longer than 12 months was unnecessary and older income years could not be used.