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

THE STATE EX REL. BUTLER, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

[Cite as State ex rel. Butler v. Indus. Comm., 1999-Ohio-171.]

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

Gay relief ordered. (No. 98-2086—Submitted June 22, 1999—Decided September 8, 1999.)

APPEAL from the Court of Appeals for Franklin County, No. 97APD07-922. __________________ Lester S. Potash and Martha H. Krebs, for appellant.

Betty D. Montgomery, Attorney General, and Fedele DeSantis, Assistant Attorney General, for appellee Industrial Commission.

Kelly E. Drushel, for appellee SIFCO Industries, Inc. __________________ {¶ 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., COOK and LUNDBERG STRATTON, JJ., dissent. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 2} I dissent and would affirm the judgment of the court of appeals.

MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion. __________________