[This decision has been published in Ohio Official Reports at 96 Ohio St.3d 159.]

THE STATE EX REL. YOUTSEY, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE, ET AL. [Cite as State ex rel. Youtsey v. Indus. Comm., 2002-Ohio-3928.] Workers’ compensation—Court of appeals’ judgment affirmed. (No. 2001-1818—Submitted June 26, 2002—Decided August 14, 2002.) APPEAL from the Court of Appeals for Franklin County, No. 00AP-1370. __________________ {¶1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS, J., dissents. __________________ Law Office of Thomas Tootle Co., L.P.A., and Thomas Tootle, for appellant. Betty D. Montgomery, Attorney General, and Stephen D. Plymale, Assistant Attorney General, for appellee. __________________

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