Questão jurídica principal
Whether the insurer had to calculate the disability degree using the extraordinary method based on the insured's continuing work in his own company.
Decisão extraída
No. Because the insured fully retained earning capacity in an adapted activity and his current self-employment used only part of that capacity, the ordinary income comparison method applied.
Fundamentação extraída
The insured could be expected to leave his current occupation for a more lucrative adapted job; the market for suitable jobs is assessed abstractly under the balanced-labor-market notion.