[This opinion has been published in Ohio Official Reports at 90 Ohio St.3d 71.]

THE STATE EX REL. SCHMIDT, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. [Cite as State ex rel. Schmidt v. Indus. Comm., 2000-Ohio-20.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 00-55—Submitted July 25, 2000—Decided September 20, 2000.) APPEAL from the Court of Appeals for Franklin County, No. 98AP-1332. __________________ Fell & Marcus Co., L.P.A., and George N. Fell II, for appellant. Betty D. Montgomery, Attorney General, and Dennis H. Behm, Assistant Attorney General, for appellee Industrial Commission of Ohio. Bugbee & Conkle and Richard L. Johnson, for appellee Tecumseh Products Company. __________________ {¶ 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 order the Industrial Commission to comply with State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245. DOUGLAS and F.E. SWEENEY, JJ., concur in the foregoing dissenting opinion. __________________