[This opinion has been published in Ohio Official Reports at 82 Ohio St.3d 406.]

THE STATE EX REL. ERNST, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Ernst v. Indus. Comm., 1998-Ohio-225.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 96-46—Submitted May 27, 1998—Decided July 29, 1998.)

APPEAL from the Court of Appeals for Franklin County, No. 95APD01-3. __________________ Clements, Mahin & Cohen, Edward Cohen and Catharin R. Taylor, for appellant.

Betty D. Montgomery, Attorney General, and Jeffrey D. Snyder, 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., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS and RESNICK, JJ., dissent.

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

DOUGLAS, J., concurs in the foregoing dissenting opinion. __________________