[This opinion has been published in Ohio Official Reports at 89 Ohio St.3d 270.]

THE STATE EX REL. BRINKLEY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Brinkley v. Indus. Comm., 2000-Ohio-152.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 99-1923—Submitted May 23, 2000—Decided July 12, 2000.) APPEAL from the Court of Appeals for Franklin County, No. 98AP-1312. __________________ Crowley, Frank & Ahlers Co., L.P.A., and Edward C. Ahlers, for appellant. Betty D. Montgomery, Attorney General, and Edward Roberts, 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, J., dissents. RESNICK and F.E. SWEENEY, JJ., dissent. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 2} I would reverse the judgment of the court of appeals. F.E. SWEENEY, J., concurs in the foregoing dissenting opinion. __________________