
    The State ex rel. Montgomery, Appellant, v. Industrial Commission of Ohio, Appellee, et al.
    [Cite as State ex rel. Montgomery v. Indus. Comm. (1998), 83 Ohio St.3d 436.]
    (No. 97-2637
    Submitted August 19, 1998
    Decided October 28, 1998.)
    
      Shapiro, Kendis & Associates Co., L.P.A., and Rachel B. Jaffy, for appellant.
    
      Betty D. Montgomery, Attorney General, and Jonathan A. Good, 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 and Resnick, JJ., separately dissent.

F.E. Sweeney, J., dissents and would reverse the judgment of the court of appeals.

Alice Robie Resnick, J.,

dissenting. I would reverse the judgment of the court of appeals and return the cause to the Industrial Commission pursuant to State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.  