[This opinion has been published in Ohio Official Reports at 86 Ohio St.3d 381.]

THE STATE EX REL. JOHNSON, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. [Cite as State ex rel. Johnson v. Indus. Comm., 1999-Ohio-174.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 98-2220—Submitted June 22, 1999—Decided September 8, 1999.)

APPEAL from the Court of Appeals for Franklin County, No. 97APD10-1391. __________________ Law Office of Thomas Tootle and Thomas Tootle, for appellant.

Betty D. Montgomery, Attorney General, and Thomas W. Atzberger, Assistant Attorney General, for appellee Industrial Commission.

Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and John G. Paleudis, for appellee Quarto Mining Company.

Garvin & Hickey, L.L.C., and Michael J. Hickey, for appellee North American Coal. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

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

F.E. SWEENEY, J., dissents. __________________