Questão jurídica principal
Whether the insured was entitled to a higher accident-insurance invalidity pension because pre-existing lumbar complaints should not reduce the insured portion of the incapacity.
Decisão extraída
The pension reduction under Art. 36(2) LAA did not apply to the pre-existing lumbar complaints, but the medical record still supported a full-time capacity for light adapted work and thus a 25% invalidity rate.
Fundamentação extraída
Art. 36(2) LAA applies only when an accident and a non-insured condition jointly cause damage. The file did not show that the accident aggravated the earlier back complaints. The isolated 50% view was contradicted by the other medical opinions.