Questão jurídica principal
Whether the insured had a right to vocational retraining under disability insurance.
Decisão extraída
The denial of retraining could not stand. The insured's prior training as a baker/confectioner remained the relevant reference point, and without retraining only unskilled work would be reasonable; the IV office had to reassess entitlement and the suitability of the training already begun.
Fundamentação extraída
The cantonal court erred by treating her mainly as a laborer based on her work history. Even if she had changed jobs and might have pursued another education, no concrete steps toward that were established before the health impairment. The erlerned profession remains part of the vocational profile, and a mere 20% income-loss threshold was not decisive where otherwise only qualitatively inferior unskilled work was feasible.