[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 544.]

THE STATE EX REL. PATTERSON, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Patterson v. Indus. Comm., 1998-Ohio-20.] Workers’ compensation—Court of appeals’ judgment reversed and cause returned for State ex rel. Noll relief. (No. 97-1844—Submitted August 19, 1998—Decided November 10, 1998.) APPEAL from the Court of Appeals for Franklin County, No. 96APD09-1204. __________________ Daniel D. Connor Co., L.P.A., Daniel D. Connor and Kenneth S. Hafenstein, for appellant. Betty D. Montgomery, Attorney General, and Steve P. Dlott, Assistant Attorney General, for appellee. __________________ {¶ 1} The judgment of the court of appeals is reversed, and the cause is returned to the Industrial Commission for relief pursuant to 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 would affirm the judgment of the court of appeals consistent with the opinion of the court of appeals. MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion. __________________