Questão jurídica principal
Whether the insured's disability degree had to be based on the 2006 and 2007 agricultural accounts.
Decisão extraída
No. The invalid income for comparison under disability law is the income the insured could earn in a reasonably exigible activity, not the actual later results of his farm business.
Fundamentação extraída
Under Art. 16 LPGA, the comparison is between pre-injury income and the income obtainable in a reasonable activity on an balanced labour market. Later farm accounts do not determine that hypothetical earning capacity, and a lower actual farm income cannot be substituted.