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WETZEL v. EMPLOYERS SERVICE CORP. OF WV

No. 33337.

656 S.E.2d 55 (2007)

Mary H. WETZEL, Individually and as Executrix of the Estate of Robert H. Wetzel, Deceased, Appellant v. EMPLOYERS SERVICE CORPORATION OF WEST VIRGINIA, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 8, 2007.

Dissenting Opinion of Justice Starcher November 9, 2007.

Concurring Opinion of Justice Maynard December 5, 2007.

Attorney(s) appearing for the Case

Christopher J. Regan, James B. Stoneking, Bordas & Bordas, Wheeling, WV, for Appellant.

Thomas V. Flaherty, Tammy R. Harvey, Flaherty, Sensabaugh & Bonasso, Charleston, WV, for Appellee.

PER CURIAM:

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...

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