Questione giuridica chiave
Whether the insured was entitled to an accident-insurance invalidity pension and how the invalidity degree had to be calculated.
Decisione estratta
The pension entitlement was denied because, after parallelization of the comparison incomes and a limited disability deduction, the invalidity degree was only about 5%, below the 10% threshold.
Motivazione estratta
The court applied the parallelization rules for below-average pre-accident earnings and held that the same foreign-language, education, and residence-status factors could not again justify a large disability deduction. A 20% deduction was excessive; at most a 10% deduction could be considered before parallelization, which still led to no pension entitlement.