
    The State ex rel. Smith, Appellant, v. Industrial Commission of Ohio, Appellee.
    [Cite as State ex rel. Smith v. Indus. Comm. (2001), 91 Ohio St.3d 568.]
    
      (No. 00-1688
    Submitted April 24, 2001
    -Decided June 6, 2001.)
    
      John Anthony Butt, for appellant.
    
      Betty D. Montgomery, Attorney General, and William J. McDonald, 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, Resnick and F.E. Sweeney, JJ., dissent.

Douglas, J.,

dissenting. I respectfully dissent. I would reverse the judgment of the court of appeals and adopt the decision of the magistrate.

Resnick and F.E. Sweeney, JJ., concur in the foregoing dissenting opinion.  