
    The State ex rel. Filkill, Appellant, v. Industrial Commission of Ohio, Appellee.
    [Cite as State ex rel. Filkill v. Indus. Comm. (1998), 84 Ohio St.3d 111.]
    (No. 98-744
    Submitted October 12, 1998
    Decided December 9, 1998.)
    ' Law Office of Thomas Tootle and Thomas Tootle, for appellant.
    
      Betty D. Montgomery, Attorney General, and Michael A. Vanderhorst, 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., Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Douglas, Resnick and F.E. Sweeney, JJ., dissent.

Alice Robie Resnick, J.,

dissenting. I would reverse the judgment of the court of appeals and enter judgment pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.

Douglas and F.E. Sweeney, JJ., concur in the foregoing dissenting opinion.  