[This opinion has been published in Ohio Official Reports at 90 Ohio St.3d 203.]

THE STATE EX REL. DAVIS, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Davis v. Indus. Comm., 2000-Ohio-52.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 00-490—Submitted September 12, 2000—Decided October 25, 2000.) APPEAL from the Court of Appeals for Franklin County, No. 99AP-173. __________________ Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, for appellant. Betty D. Montgomery, Attorney General, and Jeffrey B. Hartranft, Assistant Attorney General, for appellee. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. MOYER, C.J., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 2} I would reverse the judgment of the court of appeals and remand for entry of relief pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666. DOUGLAS and F.E. SWEENEY, JJ., concur in the foregoing dissenting opinion. __________________