Questione giuridica chiave
Whether daily allowances had to continue after 30 June 2008 due to unfall-related spinal complaints.
Decisione estratta
The case required further factual clarification on the insured person's actual post-2005 occupational activity and on his work capacity in that activity before a final decision on daily allowances could be made.
Motivazione estratta
The lower authorities had not reliably established the 'new' field of activity after the company changed its business focus. The insured person could not simply be assessed against the former garage-owner workload; the decisive question was the capacity to work in the later used second-hand car trading activity, including any reasonable loss-mitigation measures and any additional loss of earnings.