[This opinion has been published in Ohio Official Reports at 87 Ohio St.3d 46.]

THE STATE EX REL. SOMERVILLE, APPELLANT, v. CONRAD, ADMR., ET AL.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Somerville v. Conrad, 1999-Ohio-226.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 99-154—Submitted August 25, 1999—Decided October 13, 1999.)

APPEAL from the Court of Appeals for Franklin County, No. 97APD12-1621. __________________ Urban Co., L.P.A., and Anthony P. Christine, for appellant.

Betty D. Montgomery, Attorney General, and Steve P. Dlott, Assistant Attorney General, for appellee. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion the court of appeals.

MOYER, C.J., DOUGLAS, RESNICK, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

F.E. SWEENEY, J., dissents and would reverse the judgment of the court of appeals. __________________