[This opinion has been published in Ohio Official Reports at 89 Ohio St.3d 201.]

THE STATE EX REL. NORTH, APPELLEE and CROSS-APPELLANT, v. CONRAD, ADMR., BUREAU OF WORKERS’ COMPENSATION ET AL., APPELLANTS and CROSS-APPELLEES. [Cite as State ex rel. North v. Conrad, 2000-Ohio-131.] Workers’ compensation—Court of appeals’ judgment affirmed and State ex rel. Gay relief ordered. (No. 99-1048—Submitted April 10, 2000—Decided June 21, 2000.) APPEAL and CROSS-APPEAL from the Court of Appeals for Franklin County, No. 98AP-678. __________________ Butkovich, Schimpf, Schimpf & Ginocchio Co., L.P.A., James A. Whittaker and Stephen P. Gast, for appellee and cross-appellant. Betty D. Montgomery, Attorney General, and Steven P. Fixler, Assistant Attorney General, for appellants and cross-appellees. __________________ {¶ 1} The judgment of the court of appeals is affirmed. 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. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. COOK and LUNDBERG STRATTON, JJ., concur and dissent. __________________ LUNDBERG STRATTON, J., concurring and dissenting. {¶ 2} I would affirm the judgment of the court of appeals and remand the cause for reconsideration, but would not mandate the application of Gay relief. COOK, J., concurs in the foregoing opinion. __________________