Questão jurídica principal
Whether the insured remained entitled to a higher disability pension after 1 April 2004
Decisão extraída
No. The factual findings on a 40% incapacity and a 49% disability rate were binding and supported the quarter pension from 1 July 2004.
Fundamentação extraída
The lower court's assessment based on the medical file was not manifestly incorrect or incomplete. Where expert opinion expressed incapacity as a range, the court could reasonably use the midpoint; this avoided unequal treatment between quantified and range-based expert assessments.