[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 122.]

THE STATE EX REL. EBLIN, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

[Cite as State ex rel. Eblin v. Indus. Comm., 1998-Ohio-163.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 96-2136—Submitted July 8, 1998—Decided September 16, 1998.)

APPEAL from the Court of Appeals for Franklin County, No. 95APD11-1444. __________________ Law Offices of Thomas Tootle and Thomas Tootle, for appellant.

Betty D. Montgomery, Attorney General, and Steven P. Fixler, Assistant Attorney General, for appellees. __________________ {¶ 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, J., dissents.

RESNICK and F.E. SWEENEY, JJ., dissent. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 2} I would reverse the judgment of the court of appeals.

F.E. SWEENEY, J., concurs in the foregoing dissenting opinion. __________________