[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 129.]

THE STATE EX REL. HAYWOOD, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT. [Cite as State ex rel. Haywood v. Indus. Comm., 1998-Ohio-161.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 96-2256—Submitted July 8, 1998—Decided September 16, 1998.)

APPEAL from the Court of Appeals for Franklin County, No. 95APD10-1302. __________________ Butler, Cincione, Dicuccio, Dritz & Barnhart and David B. Barnhart, for appellee.

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

MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur.

DOUGLAS and COOK, JJ., dissent. __________________