[This decision has been published in Ohio Official Reports at 

.]




 THE STATE EX REL. DUNN, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO,
                                    APPELLEE, ET AL.
           [Cite as State ex rel. Dunn v. Indus. Comm., 

.]
Motion for reconsideration granted—Judgment reversed and cause returned for
        relief consistent with State ex rel. Noll.
(No. 2001-2159—Submitted September 24, 2002—Decided November 13, 2002.)
      APPEAL from the Court of Appeals for Franklin County, No. 01AP-241.
                            ON MOTION for Reconsideration.
                                  __________________
        {¶1} The motion for reconsideration of the judgment of August 21, 2002,
found at 

, 

, 

, is granted.
        {¶2} The judgment of the court of appeals is reversed, and the cause is
returned to the Industrial Commission for relief consistent with State ex rel. Noll v.
Indus. Comm. (1991), 

, 

.
        DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.
        MOYER, C.J., and LUNDBERG STRATTON, J., dissent.
                                  __________________
        LUNDBERG STRATTON, J., dissenting.
        {¶3} I respectfully dissent. I would affirm the judgment of the court of
appeals.
        MOYER, C.J., concurs in the foregoing dissenting opinion.
                                  __________________
        Harris & Burgin, L.P.A., Lester J. Burgin and Andrea L. Burns, for
appellant.
        Betty D. Montgomery, Attorney General, and Erica L. Bass, Assistant
Attorney General, for appellee.
SUPREME COURT OF OHIO



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