Cardwell v. State Workmen's Compensation Comm'r

In Cardwell v. State Workmen's Compensation Comm'r, 171 W. Va. 700, 706, 301 S.E.2d 790 (1983), the Court acknowledged that an injured worker who cannot be retrained because of lack of education, diminished intelligence or advanced age may be totally disability even though the medical evidence demonstrates a partial disability. Syl. pt. 7 of Cardwell states: "If evidence of the degree of obvious physical impairment, and of other factors such as claimant's mental capacity, education, training, or age, places a claimant prima facie in the odd-lot category, the burden is on an employer to show that some kind of suitable work is regularly and continuously available to the claimant."