Facts
The case concerns an insured person born in 1921 who, after a hip arthrodesis in 1967, suffers from arthrotic pain in the area of the left hip and left thigh with severely limited mobility of the left hip joint, as well as instability and insufficiency in the left knee. Due to these health impairments, his previous physically demanding work at U. AG was no longer reasonable for him. However, lighter physical work would still have been possible to a certain extent, but his remaining earning capacity would hardly have been practically usable due to the age factor.
The Swiss Accident Insurance Fund (SUVA) had initially determined a degree of disability of 30% and later of 50%, without however conducting an income comparison. The Insurance Court of the Canton of Thurgau objected to this procedure and referred the case back to SUVA for a new assessment.
Considerations
The Federal Court states that for the assessment of disability under Art. 18 para. 2 AFIA, an income comparison must generally be carried out, in which the hypothetical earned income without disability and the earned income with disability are compared. The income figures can be estimated and compared in the form of percentages if they cannot be determined exactly.
These principles also apply within the framework of Art. 28 para. 4 OAFIA, which applies to cases in which age is to be regarded as…