
    The State ex rel. Ernst, Appellant, v. Industrial Commission of Ohio, Appellee.
    [Cite as State ex rel. Ernst v. Indus. Comm. (1998), 82 Ohio St.3d 406.]
    (No. 96-46
    Submitted May 27, 1998
    Decided July 29, 1998.)
    
      Clements, Mahin & Cohen, Edward Cohen and Catharin R. Taylor, for appellant.
    
      Betty D. Montgomery, Attorney General, and Jeffrey D. Snyder, 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., dissent.

F.E. Sweeney, J., dissents.

Alice Robie Resnick, J.,

dissenting. I would reverse the judgment of the court of appeals.

Douglas, J., concurs in the foregoing dissenting opinion.  