[This opinion has been published in Ohio Official Reports at 90 Ohio St.3d 73.]

THE STATE EX REL. WALLING, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Walling v. Indus. Comm., 2000-Ohio-22.] Workers’ compensation—Court of appeals’ judgment reversed and State ex rel. Gay relief ordered. (No. 00-349—Submitted July 25, 2000—Decided September 20, 2000.) APPEAL from the Court of Appeals for Franklin County, No. 98AP-1599. __________________ Law Office of Thomas Tootle Co., L.P.A., and Thomas Tootle, for appellant. Betty D. Montgomery, Attorney General, and William J. McDonald, 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., 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. __________________