Facts
The case concerns the determination of the relevant Insured Earnings of an Insured Person who, as a hostess, earned a significantly below-average income. The IV-Stelle (Disability Insurance Office) of the Canton of St. Gallen had set the Insured Earnings based on the table wages, as the actually earned income was based on economic reasons unrelated to the disability. The Insured Person filed a complaint against this decision with the Federal Supreme Court.Considerations
The Federal Supreme Court holds that for the determination of the degree of disability, only the loss of earning capacity caused by the health impairment is relevant. Disability is the restriction of the presumed earning potential on the labor market that would be attributed to a healthy person. If the Insured Earnings before the onset of the health impairment were significantly below average for reasons unrelated to the disability (e.g., low education, language skills), this circumstance must be taken into account in the assessment of the disability. This is done by raising the Insured Earnings to an average level.
In the present case, however, the Insured Person has been…