
    The State ex rel. Witherspoon, Appellant, v. Industrial Commission of Ohio, Appellee.
    [Cite as State ex rel. Witherspoon v. Indus. Comm. (1999), 85 Ohio St.3d 155.]
    (No. 98-1272
    Submitted February 23, 1999
    Decided March 31, 1999.)
    
      Shapiro, Kendis & Associates Co., L.P.A., and Rachel B. Jaffy, for appellant.
    
      Betty D. Montgomery, Attorney General, and Michael E. George, 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 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 order relief pursuant to State ex rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

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