Question juridique clé
Whether the insurer could end daily benefits as of 1 August 2007 because the insured's loss of earnings in adapted work was below 25%
Solution extraite
The insurer was entitled to rely on the comparison of incomes for 2007; after using the 2007 salary index and an allowed 15% statistical wage deduction, the insured's loss of earnings was only 25%, so the dismissal of full benefits could stand.
Motifs extraits
Where a substitute occupation is exigible, the residual work incapacity is determined by comparing the pre-loss income with the income reasonably attainable in adapted work. If the relevant salary survey is unavailable, annual nominal wage indices may be used to update the 2006 figures to 2007. The canton’s 15% deduction from the statistical wage was not arbitrary.