Question juridique clé
Whether the disability pension award based on a 59% invalidity rate should be overturned and a full or three-quarter pension granted from 1 July 2000.
Solution extraite
The appeal was dismissed; the insured person remained entitled only to a half disability pension from 1 July 2000 because the assessed loss of earning capacity resulted in an invalidity degree of 59%.
Motifs extraits
The Federal Court accepted the MEDAS expertise, held that a 50% work capacity in adapted work was medically sustainable, endorsed the use of the 1996 income as valid income, accepted the tabular wage-based invalid income and a 10% deduction, and concluded that the resulting comparison did not justify a higher pension.