Questão jurídica principal
Whether the cantonal court could rely on 2008 ESS wage data and apply a 15% statistical wage deduction when calculating loss of earnings.
Decisão extraída
Yes. The court could use the later and more precise 2008 salary statistics, and a 15% deduction was not an abuse of discretion in view of the insured's limitations and personal circumstances.
Fundamentação extraída
Invalidity is determined by comparing hypothetical incomes at the time the pension right arises. Statistical data should approximate as closely as possible the income obtainable on the balanced labour market. The 15% deduction remained within the permissible range and was supported by functional limits, reduced availability, and age.