Questione giuridica chiave
Whether the insured had a right to an invalidity pension from August 2008 for occupational hearing loss.
Decisione estratta
No pension was owed because the hearing loss had not caused an earning impairment once the same tabular wage basis was used; the later work incapacity stemmed from non-insured back problems and the special risk was addressed by transitional benefits.
Motivazione estratta
The pension right in accident insurance arises only when no further medical improvement is expected. The hearing loss was already stabilized by July 2003, yet the insured continued working full-time until April 2004 and there were no indications of reduced performance or a social wage. The later non-suitability decision protected against future risk and its economic consequences were compensated by transitional benefits, not by an invalidity pension.