
    The State ex rel. Thomas, Appellant, v. Industrial Commission of Ohio, Appellee.
    [Cite as State ex rel. Thomas v. Indus. Comm. (1999), 85 Ohio St.3d 86.]
    (No. 98-870
    Submitted February 9, 1999
    Decided March 24, 1999.)
    
      
      Law Office of Thomas Tootle and Thomas Tootle, for appellant.
    
      Betty D. Montgomery, Attorney General, and Jon D. Grandon, Assistant Attorney General, for appellee.
   The motion for this court to reconsider its judgment entry and decision in State ex rel. Thomas v. Indus. Comm. (1999), 84 Ohio St.3d 370, 703 N.E.2d 1280, is granted.

The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Moyer, C.J., Cook and Lundberg Stratton, JJ., dissent.

Lundberg Stratton, J.,

dissenting. I dissent and would affirm the judgment of the court of appeals.

Moyer, C.J., and Cook, J., concur in the foregoing dissenting opinion.  