
    The State ex rel. Kyle, Appellant, v. City of Akron; Industrial Commission of Ohio, Appellee.
    [Cite as State ex rel. Kyle v. Akron (1999), 85 Ohio St.3d 371.]
    (No. 98-1416
    Submitted February 23, 1999
    Decided April 28, 1999.)
    
      Shapiro, Kendis & Associates Co., L.P.A., and Rachel B. Jaffy, for appellant.
    
      
      Betty D. Montgomery, Attorney General, and Nancy Q. Walker, Assistant Attorney General, for appellee.
   The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

Moyer, C.J., Resnick, Cook and Lundberg Stratton, JJ., concur.

Douglas, J., dissents.

F.E. Sweeney and Pfeifer, JJ., dissent and would reverse the judgment of the court of appeals.  