[This opinion has been published in Ohio Official Reports at 84 Ohio St.3d 219.]

THE STATE EX REL. BAUM, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

[Cite as State ex rel. Baum v. Indus. Comm., 1998-Ohio-359.] Workers’ compensation–Court of appeals’ judgment reversed and cause returned for compliance with State ex rel. Noll. (No. 97-1098–Submitted October 12, 1998–Decided December 30, 1998.) APPEAL from the Court of Appeals for Franklin County, No. 96APD05-666. __________________ Brian & Brian and Richard F. Brian, for appellant. Betty D. Montgomery, Attorney General, and Cordelia A. Glenn, Assistant Attorney General, for appellee Industrial Commission. Black, McCuskey, Souers & Arbaugh and Mary E. Randall, for appellee Republic Engineered Steels, Inc. __________________ {¶ 1} The judgment of the court of appeals is reversed, and the cause is returned to the Industrial Commission for further proceedings in compliance with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 2} I dissent and would affirm the court of appeals. MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion. __________________