Question juridique clé
Whether the insured remained entitled to a higher invalidity pension as of 2015
Solution extraite
The insured retained an earning capacity for adapted work; however, using the correct valid income, the disability rate was 24%, not 18%.
Motifs extraits
The court accepted the medical assessment that light to medium adapted work was fully feasible without loss of performance, but corrected the wage comparison by finding that the insured likely lost his job because of accident-related incapacity and by using the employer-based valid income rather than statistical wages.