[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 329.]

THE STATE EX REL. CONSOLIDATION COAL COMPANY, APPELLANT, v. STEWART; INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Consolidation Coal Co. v. Stewart, 1998-Ohio-99.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 97-267—Submitted August 19, 1998—Decided October 7, 1998.)

APPEAL from the Court of Appeals for Franklin County, No. 95APD07-927. __________________ Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and John G. Paleudis, for appellant.

Betty D. Montgomery, Attorney General, and Craigg E. Gould, Assistant Attorney General, for appellee. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and Lundberg STRATTON, JJ., concur. __________________