Questione giuridica chiave
Whether the appellant was entitled to an accident insurance invalidity pension despite a pre-existing total disability from non-insured illness
Decisione estratta
No. Because the insured person was already totally invalid for non-accident reasons, the accident caused no additional earning incapacity that could found a pension claim.
Motivazione estratta
Art. 28(3) UVV applies where a pre-existing non-insured impairment must be taken into account in the income comparison. The medical record showed a longstanding diabetes-related 100% incapacity; the later IV pension was expressly based on that illness. The accident only aggravated an already existing total incapacity. No further medical evidence was necessary.