Wetzel v. EMPLOYERS SERVICE CORP. OF WV

Mary H. Wetzel (hereinafter “Mrs. Wetzel”), appellant/plaintiff below, individually and as executrix of the estate of her deceased husband Robert H. Wetzel, appeals from an order of the Circuit Court of Marshall County granting summary judgment in favor of Employers Service Corporation of West Virginia, appellee/defendant below (hereinafter “ESC”). In this proceeding, Mrs. Wetzel contends that the circuit court committed error in finding that (1) the workers’ compensation statutes granted ESC immunity from liability, and (2) ESC was not in the business of insurance for purposes of her…