[This decision has been published in Ohio Official Reports at 93 Ohio St.3d 498.]

THE STATE EX REL. ROUTT, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT. [Cite as State ex rel. Routt v. Indus. Comm., 2001-Ohio-1599.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 01-567—Submitted September 18, 2001—Decided October 31, 2001.) APPEAL from the Court of Appeals for Franklin County, No. 00AP-579. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur. COOK, J., dissents. __________________ COOK, J., dissenting. {¶ 2} I respectfully dissent. I would reverse the judgment of the court of appeals for the reasons stated in the opinions of the appellate court’s dissenting judge and the magistrate. __________________ Philip J. Fulton & Associates and Jonathan H. Goodman, for appellee. Betty D. Montgomery, Attorney General, and Kimberly M. Connett, Assistant Attorney General, for appellant. __________________