
    The State ex rel. Marston, Appellee, v. Industrial Commission of Ohio, Appellant.
    [Cite as State ex rel. Marston v. Indus. Comm. (2001), 90 Ohio St.3d 569.]
    (No. 00-749
    Submitted November 14, 2000
    Decided January 17, 2001.)
   The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur.

Cook, J., dissents.

Cook, J.,

dissenting. I agree with the rationale set forth in the dissenting opinion of Judge Deshler; therefore, I am unable to join the majority in affirming the judgment of the court of appeals.

Becker, Reed & Tilton and Dennis A. Becker, for appellee.

Betty D. Montgomery, Attorney General, and Thomas L. Reitz, Assistant Attorney General, for appellant.  