Facts
This judgment deals with the question of how to determine the disability income of an insured person when there is no actual earned income. The Federal Court has developed the following principles on this matter:
- The primary consideration is the insured person's specific professional and employment situation.
- If there is no actual earned income, tabular wages can be used as a reference.
- The question of whether and to what extent tabular wages should be reduced depends on all the personal and professional circumstances of the individual case (e.g., limitations due to suffering, age, years of service, nationality/residence status, degree of employment).
- The total deduction from the tabular wage may not exceed 25%.
- The administration must provide a brief justification for the deduction, and the court may not exercise its discretion without good reason in place of that of the administration.
Considerations
In the present case, the Federal Court concluded that a 15%…