Facts
The defendant, a 1943-born trained butcher, suffered a work-related accident in 1992 and had to give up his slaughterhouse business. He applied for a disability pension from the InvIA in 1994. The InvIA office in Lucerne rejected the claim, but was instructed by the Administrative Court of the Canton of Lucerne to re-evaluate the case. After several decisions and clarifications, the InvIA office granted the insured person a half pension as of October 1, 2000, a full pension as of March 1, 2002, a half pension as of October 1, 2002, and a full pension as of July 1, 2005.
The Administrative Court of the Canton of Lucerne overturned the decisions of the InvIA office and ordered it to pay the insured person a half InvIA pension as of October 1, 2000, a full InvIA pension as of March 1, 2002, a half InvIA pension as of October 1, 2002, and a full InvIA pension as of July 1, 2005.
The InvIA office requests the annulment of the cantonal decision and the confirmation of its decisions of March 5 and May 16, 2007.
Considerations
The Federal Supreme Court has lodged a complaint in public law matters due to a violation of the law pursuant to Art. 95 f. FSCA. The lower court has correctly stated the provisions and principles regarding work incapacity, earning incapacity, disability, and the entitlement to a disability pension.
The dispute and the subject of examination is the pension entitlement as of October 1, 2000. The lower court has established the health impairment and the resulting work incapacity and set the start of the waiting period for the pension entitlement at October 1, 1999.
The determination of the disability income based on the LSE is uncontested and is not objectionable within the framework of the Federal Supreme Court's review authority. The InvIA office argues that the income earned prior to the onset of the health damage is more than 15 years old and that a major structural change took place in the 1990s, making it unrealistic to calculate the currently achievable income based on the IK…