[This opinion has been published in Ohio Official Reports at 87 Ohio St.3d 36.]

THE STATE EX REL. COOPER, APPELLANT, v. CONRAD, ADMR., ET AL.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Cooper v. Conrad, 1999-Ohio-231.]

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

Noll relief granted. (No. 99-469—Submitted August 25, 1999—Decided October 13, 1999.)

APPEAL from the Court of Appeals for Franklin County, No. 98AP-226. __________________ Urban Co., L.P.A., and Anthony P. Christine, for appellant.

Betty D. Montgomery, Attorney General, and Cecille Caluya Harris, Assistant Attorney General, for appellee. __________________ {¶ 1} The judgment of the court of appeals is reversed, and the cause is returned 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.

MOYER, C.J., DOUGLAS, RESNICK and F.E. SWEENEY, JJ., concur.

PFEIFER, COOK and LUNDBERG STRATTON, JJ., dissent. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 2} I respectfully dissent. I would affirm the judgment of the court of appeals.

PFEIFER and COOK, JJ., concur in the foregoing dissenting opinion. __________________