[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 97.]

THE STATE EX REL. GRAHAM, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Graham v. Indus. Comm., 1998-Ohio-165.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 96-2079—Submitted July 8, 1998—Decided September 9, 1998.)

APPEAL from the Court of Appeals for Franklin County, No. 95APD10-1334. __________________ Raymond J. Tisone & Associates Co., L.P.A., and Raymond J. Tisone, for appellant.

Betty D. Montgomery, Attorney General, and Doug S. Musick, 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., RESNICK, PFEIFER and LUNDBERG STRATTON, JJ., concur.

DOUGLAS, J., dissents and would order relief consistent with State ex rel.

Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.

F.E. SWEENEY, J., dissents.

COOK, J., dissents and would deny the writ. __________________