[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 143.]

THE STATE EX REL. TULLOCK, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. [Cite as State ex rel. Tullock v. Indus. Comm., 1998-Ohio-152.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 96-2540—Submitted July 8, 1998—Decided September 16, 1998.)

APPEAL from the Court of Appeals for Franklin County, No. 96APD01-8. __________________ Law Offices of James R. Nein, Matthew R. Copp and Brian W. Harter, for appellant.

Betty D. Montgomery, Attorney General, and Dennis Rehor, Assistant Attorney General, for appellee Industrial Commission.

Law Office of Thomas Tootle and Thomas Tootle, for appellee city of Lakeview. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

MOYER, C.J., DOUGLAS, RESNICK, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

F.E. SWEENEY, J., dissents. __________________