[This decision has been published in Ohio Official Reports at 93 Ohio St.3d 187.]

THE STATE EX REL. TUOHY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Tuohy v. Indus. Comm., 2001-Ohio-1309.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 01-101—Submitted July 17, 2001—Decided September 19, 2001.) APPEAL from the Court of Appeals for Franklin County, No. 99AP-1365. __________________ {¶ 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, COOK and LUNDBERG STRATTON, JJ., concur. __________________ Law Offices of Thomas Tootle Co., L.P.A., and Thomas Tootle, for appellant. Betty D. Montgomery, Attorney General, and Jeffrey B. Hartranft, Assistant Attorney General, for appellee. __________________