[This opinion has been published in Ohio Official Reports at 82 Ohio St.3d 174.]

THE STATE EX REL. BAILEY, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT. [Cite as State ex rel. Bailey v. Indus. Comm., 1998-Ohio-259.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 95-2091—Submitted May 12, 1998—Decided June 17, 1998.)

APPEAL from the Court of Appeals for Franklin County, No. 94APD09-1284. __________________ Betty D. Montgomery, Attorney General, and William J. McDonald, Assistant Attorney General, for appellant. __________________ {¶ 1} The judgment of the court of appeals is affirmed.

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