Questão jurídica principal
Whether the invalid income should be reduced because the insured had earned a relatively low wage before disability for reasons unrelated to health.
Decisão extraída
No. The statistical invalid income based on ESS data did not need further reduction on that ground.
Fundamentação extraída
The claimant had worked for nearly fifteen years for the same employer, so it had to be assumed she accepted that wage. A low pre-disability salary is not a relevant factor here; the disabled person must mitigate damage and maximize remaining work capacity. The comparison-of-income method applies uniformly and the pre-disability wage normally corresponds to the last actual wage.