[This opinion has been published in Ohio Official Reports at 87 Ohio St.3d 41.]

THE STATE EX REL. GREEN, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Green v. Indus. Comm., 1999-Ohio-228.]

Workers’ compensation—Court of appeals’ judgment reversed and State ex rel.

Gay relief ordered. (No. 99-212—Submitted August 25, 1999—Decided October 13, 1999.)

APPEAL from the Court of Appeals for Franklin County, No. 97APD11-1557. __________________ Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy, Marc J. Jaffy and Lynn S. Jaffy, for appellant.

Betty D. Montgomery, Attorney General, and Angela D. Marinakis, Assistant Attorney General, for appellee. __________________ {¶ 1} The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.

DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

MOYER, C.J., dissents.

COOK and LUNDBERG STRATTON, JJ., dissent. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 2} I respectfully dissent because I do not agree that Gay relief is warranted. I would affirm the judgment of the court of appeals and return the cause to the Industrial Commission for compliance with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

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