[This decision has been published in Ohio Official Reports at 94 Ohio St.3d 38.]

THE STATE EX REL. CHAPMAN, APPELLANT, v. THOMAS ET AL., APPELLEES. [Cite as State ex rel. Chapman v. Thomas, 2002-Ohio-73.]

Workers’ compensation—Court of appeals’ judgment affirmed. (No. 01-855—Submitted November 13, 2001—Decided January 9, 2002.)

APPEAL from the Court of Appeals for Franklin County, No. 00AP-651. __________________ {¶ 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. __________________ Stephen E. Mindzak Law Offices, L.L.C., and Stephen E. Mindzak, for appellant.

Betty D. Montgomery, Attorney General, and Erica L. Bass, Assistant Attorney General, for appellee Industrial Commission. __________________