Questão jurídica principal
Whether Art. 28(4) OLAA required using earnings of an average-aged insured when the claimant, aged about 60, did not fully exploit residual earning capacity in a adapted job.
Decisão extraída
Yes. Advanced age was the essential cause of the reduced earning capacity, so invalid income had to be assessed using the earnings of an average-aged insured with the same injury.
Fundamentação extraída
The claimant could perform the adapted DPT jobs at full work capacity. His lower actual salary reflected that he stayed in a long-held, part-time post rather than seeking a better adapted job. Age and lack of occupational diversity were closely linked and age was the decisive factor preventing full exploitation of residual capacity.