Questão jurídica principal
Whether the claimant is entitled to an invalidity pension from 1 January 2003
Decisão extraída
No; the claimant's degree of disability did not reach the pension threshold.
Fundamentação extraída
The court relied on the medical expert opinion establishing 90-95% work capacity in the former occupation. With a comparable earnings basis, the disability degree corresponded to the incapacity level and stayed below 40%.