Federal Supreme Court Insufficient correction options for IV degree assessment
The ordinance in force from the beginning of 2022 to the end of 2023 on the assessment of the degree of disability based on statistically determined table wages is partially contrary to federal law. This was decided by the Federal Supreme Court.
23.07.2024, 12:00
SDA
The reason for this is the inadequate correction options for the so-called LSE table wages in individual cases. The table wages are determined on the basis of the biennial wage structure survey. In an individual case, the Social Insurance Court of the Canton of Basel-Stadt made a deduction of 15 percent from the table wage. In doing so, the court took into account aspects such as part-time work and residence category.
In its appeal, the Federal Social Insurance Office argued that a maximum deduction of 10 percent was permissible under the disability insurance ordinance. The Federal Supreme Court ruled that the maximum correction deduction stipulated by the Federal Council in the ordinance does not comply with federal law. The legislator had not intended any change in the determination of the degree of disability.
