Question juridique clé
Whether the insured was entitled to a half disability pension from 1 October 2003.
Solution extraite
Yes. The canton’s finding of a 60% residual work capacity was untenable; the degree of invalidity had to be assessed on a 50% work capacity at the actual workplace, which led to at least 50% invalidity and thus a half pension.
Motifs extraits
The court held that the insured remained sufficiently integrated in her current job, had a stable long-term employment relationship and a professional profile making a move or change of workplace not decisive. The cantonal court had ignored the concrete limitations linked to commuting and the actual employment situation. Whether using actual earnings or statistical wages, invalidity still reached at least 50%.