[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 386.]

THE STATE EX REL. RONAN, APPELLEE AND CROSS-APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS AND CROSS-APPELLEES. [Cite as State ex rel. Ronan v. Indus. Comm., 1998-Ohio-56.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 97-2245—Submitted August 19, 1998—Decided October 14, 1998.) APPEAL and CROSS-APPEAL from the Court of Appeals for Franklin County, No. 96APD06-812. __________________ Law Offices of Larry Hotchkiss and Scott A. Bravi; Law Office of Thomas Tootle and Thomas Tootle, for appellee and cross-appellant. Betty D. Montgomery, Attorney General, and Craigg E. Gould, Assistant Attorney General, for appellant and cross-appellee Industrial Commission. Gibson & Robbins-Penniman and Corrine S. Carman, for appellant and cross-appellee city of Newark. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur. MOYER, C.J., and COOK, J., dissent. __________________