
    The State ex rel. Wainer, Appellant, v. Industrial Commission of Ohio et al., Appellees.
    [Cite as State ex rel. Wainer v. Indus. Comm., Ill Ohio St.3d 263, 2006-Ohio-5701.]
    (No. 2006-0005
    Submitted September 19, 2006
    Decided November 15, 2006.)
    Livorno & Arnett Co., L.P.A., and John F. Livorno, for appellant.
    Jim Petro, Attorney General, and Charissa D. Payer, Assistant Attorney General, for appellee Industrial Commission of Ohio.
   {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

Moyer, C.J., Lundberg Stratton, O’Connor and Lanzinger, JJ., concur.

Resnick, Pfeifer and O’Donnell, JJ., dissent and would reverse the judgment of the court of appeals.  