[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 387.]

THE STATE EX REL. SALYER, APPELLANT, v. OHIO BUREAU OF WORKERS’ COMPENSATION, APPELLEE. [Cite as State ex rel. Salyer v. Ohio Bur. of Workers’ Comp., 1998-Ohio-78.]

Workers’ compensation—Court of appeals’ judgment reversed and writ granted. (No. 96-1999—Submitted July 8, 1998—Decided October 14, 1998.)

APPEAL from the Court of Appeals for Franklin County, No. 95APD10-1341. __________________ Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for appellant.

Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellee. __________________ {¶ 1} The judgment of the court of appeals is reversed, and the writ is granted.

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.

MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion. __________________