[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 391.]

THE STATE EX REL. WARD, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Ward v. Indus. Comm., 1998-Ohio-74.] Workers’ compensation—Court of appeals’ judgment reversed and State ex rel. Gay relief ordered. (No. 97-959—Submitted August 19, 1998—Decided October 14, 1998.) APPEAL from the Court of Appeals for Franklin County, No. 96APD04-394. __________________ Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for appellant. Betty D. Montgomery, Attorney General, and Dennis Rehor, Assistant Attorney General, for appellee. __________________ {¶ 1} The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d at 666. DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur. MOYER, C.J., and COOK, J., dissent. __________________