Question juridique clé
Whether the invalidity degree was correctly assessed and a pension entitlement exists
Solution extraite
The invalidity income had to be calculated using LSE tables rather than the private salary recommendations relied on below; the resulting invalidity degree is 43.48%, entitling the insured to a quarter disability pension from 2005-02-01.
Motifs extraits
Where no actual earned invalid income exists, the court must generally rely on LSE tables. After adjusting the wage for working time, nominal wage development, work-capacity reduction and the admissible disability-related deduction, the degree exceeds 40%.