[This decision has been published in Ohio Official Reports at 90 Ohio St.3d 570.]

THE STATE EX REL. MARATHON ASHLAND PETROLEUM L.L.C., F.K.A.

MARATHON PETROLEUM COMPANY, APPELLANT, v. BACK ET AL., APPELLEES. [Cite as State ex rel. Marathon Ashland Petroleum L.L.C. v. Back, 2001-Ohio-18.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 00-1032—Submitted November 14, 2000—Decided January 17, 2001.)

APPEAL from the Court of Appeals for Franklin County, No. 99AP-632. __________________ {¶ 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. __________________ Pickrel, Schaeffer & Ebeling, David C. Korte and Michelle D. Bach, for appellant.

Clements, Mahin & Cohen, L.L.P., and Edward Cohen, for appellee John D. Back.

Betty D. Montgomery, Attorney General, and Stephen D. Plymale, Assistant Attorney General, for appellee Industrial Commission. __________________