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

THE STATE EX REL. RUCKER, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. [Cite as State ex rel. Rucker v. Indus. Comm., 1998-Ohio-567.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 97-1582—Submitted August 19, 1998—Decided October 14, 1998.) APPEAL from the Court of Appeals for Franklin County, No. 96APD03-344. __________________ Law Office of Thomas Tootle and Thomas Tootle, for appellant. Betty D. Montgomery, Attorney General, and William D. Haders, Assistant Attorney General, for appellee Industrial Commission. Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and Gerald P. Duff, for appellee Consolidation Coal Co. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. MOYER, C.J., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent. __________________