[This decision has been published in Ohio Official Reports at 96 Ohio St.3d 200.]

THE STATE EX REL. HOWARD, APPELLANT, v. OHIO BUREAU OF WORKERS’ COMPENSATION ET AL., APPELLEES. [Cite as State ex rel. Howard v. Ohio Bur. of Workers’ Comp., 2002-Ohio- 4097.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 2002-0012—Submitted April 9, 2002—Decided August 21, 2002.)

APPEAL from the Court of Appeals for Franklin County, No. 01AP-141. __________________ {¶1} The judgment of the court of appeals is hereby affirmed.

Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________ Gregory T. Howard, pro se.

Betty D. Montgomery, Attorney General, and Thomas L. Reitz, Assistant Attorney General, for appellees Industrial Commission and Bureau of Workers’ Compensation.

Eastman & Smith Ltd., Thomas A. Nixon and Margaret M. Sturgeon, for appellee Seaway Foodtown, Inc. __________________