Occupational Pension Disability Benefits Dispute: Pre-existing Conditions and Partial Earning Capacity

The dispute concerns a claim for disability benefits under an occupational pension plan following an accident where the claimant sustained injuries resulting in a partial loss of earning capacity, with the insurer denying full coverage based on its policy terms regarding pre-existing conditions and the interpretation of the degree of disability. The court reasoned that the contractual definition of "disability" tied to the inability to perform the previous occupation was controlling, and since the claimant retained some residual capacity allowing for modified work, the insurer was obligated to pay benefits corresponding to the proven, albeit partial, reduction in earning capacity as stipulated by the relevant statutory and contractual provisions governing the pension scheme.