
    The State ex rel. Walling, Appellant, v. Industrial Commission of Ohio, Appellee.
    [Cite as State ex rel. Walling v. Indus. Comm. (2000), 90 Ohio St.3d 73.]
    (No. 00-349
    Submitted July 25, 2000
    Decided September 20, 2000.)
    
      Law Office of Thomas Tootle Co., L.P.A., and Thomas Tootle, for appellant.
    
      Betty D. Montgomery, Attorney General, and William J. McDonald, 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 dissent and would affirm the judgment of the court of appeals.

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