Questão jurídica principal
Whether the disability pension rate of 35% should be increased to 56%
Decisão extraída
The insured did not fully exploit his residual earning capacity in the 50% job; the insurer could therefore rely on theoretical benchmark wages, and the 35% loss of earnings was upheld.
Fundamentação extraída
Medical opinions established full work capacity in light, adapted work. The claimant's part-time job was not shown to exhaust that capacity; the doctor supporting him only suggested a higher workload if the employer provided an additional strictly sedentary post.