Question juridique clé
Whether the insured is entitled to an invalidity pension despite the assessed work capacity and income comparison.
Solution extraite
No. Even after adjusting the pre-injury income by income parallelism, the invalidity rate remained insufficient for a pension.
Motifs extraits
The court accepted the factual findings on residual capacity and noted that, after correcting the pre-injury income by 9.96%, the resulting invalidity rate was 21%; even with the most favorable 25% deduction on the invalid income, the rate would be 35%, still below the pension threshold.