[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 100.]

[THE STATE EX REL.] SMITH, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.

[Cite as State ex rel. Smith v. Indus. Comm., 1998-Ohio-166.]

Workers’ compensation—Court of appeals’ judgment reversed on authority of State ex rel. Tapp v. Parsec, Inc. (No. 96-464—Submitted August 19, 1998—Decided September 9, 1998.)

APPEAL from the Court of Appeals for Franklin County, No. 95APD03-330. __________________ White, Gatgey & Meyer Co., L.P.A., and Barbara F. Florez, for appellee.

Betty D. Montgomery, Attorney General, and Steven P. Fixler, Assistant Attorney General, for appellants. __________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of State ex rel. Tapp v. Parsec, Inc. (1998), 82 Ohio St.3d 417, 696 N.E.2d 591, and the cause is remanded to the court of appeals.

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