
    The State ex rel. Thornton, Appellant, v. Industrial Commission of Ohio, Appellee, et al.
    [Cite as State ex rel. Thornton v. Indus. Comm. (2000), 87 Ohio St.3d 505.]
    (No. 98-1899
    Submitted November 16, 1999
    Decided January 19, 2000.)
    
      Law Office of Thomas Tootle and Thomas Tootle, for appellant.
    
      Betty D. Montgomery, Attorney General, and Craigg E. Gould, Assistant Attorney General, for appellee.
   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 respectfully dissent and would affirm the judgment of the court of appeals.

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