Facts
G., born in 1953, has worked for the city of X since 1979. After working as a home care assistant at 75%, she has worked as of December 1, 1992 at 80% as a preparator in entomology at the Y museum. Suffering from a malformation of the cervico-occipital hinge, she filed an application for disability insurance benefits on December 19, 2008.
The Disability Insurance Office of the Canton of Geneva rejected her application, on the grounds that the degree of disability (35%), calculated according to the mixed method of assessing disability, was insufficient to entitle her to a disability pension. The Cantonal Social Insurance Court dismissed the appeal filed by the insured against this decision.
Considerations
The Federal Court confirmed the application of the mixed method of assessing disability in the present case. This method, which combines the assessment of disability in gainful employment and in usual work, does not violate the right to respect for private and family life (Art. 13 para. 1 Cst. and Art. 8 ECHR), nor the principles of equal treatment and the prohibition of discrimination (Art. 8 Cst.).
The Court rejected the argument that the mixed method would involve a double weighting of the degree of disability. It also rejected the application of the method advocated by the doctrine, which would consist in…