[This decision has been published in Ohio Official Reports at 93 Ohio St.3d 189.]

THE STATE EX REL. HOBART CORPORATION/PMI FOOD EQUIPMENT GROUP, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. [Cite as State ex rel. Hobart Corp./PMI Food Equip. Group v. Indus. Comm., 2001-Ohio-1324.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 01-256—Submitted July 17, 2001—Decided September 19, 2001.) APPEAL from the Court of Appeals for Franklin County, No. 00AP-511. __________________ {¶ 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 COOK, JJ., concur. LUNDBERG STRATTON, J., dissents. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 2} I dissent and would grant the requested writ of mandamus and return the matter to the Industrial Commission for reconsideration. Therefore, I would reverse the judgment of the court of appeals. __________________ Baran, Piper, Tarkowsky, Fitzgerald & Theis Co., L.P.A., and John Tarkowsky, for appellant. Betty D. Montgomery, Attorney General, and Jeffrey B. Hartranft, Assistant Attorney General, for appellee Industrial Commission. Philip J. Fulton & Associates and William A. Thorman III, for appellee Douglas E. Moerch. __________________