
    The State ex rel. Rainey, Appellant, v. Industrial Commission of Ohio, Appellee.
    [Cite as State ex rel. Rainey v. Indus. Comm. (1999), 87 Ohio St.3d 45.]
    (No. 98-2614
    Submitted August 25, 1999
    Decided October 13, 1999.)
    
      Philip J. Fulton & Associates and William A. Thorman III, for appellant.
    
      Betty D. Montgomery, Attorney General, and Angela D. Marinakis, 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.

Alice Robie Resnick, J.,

dissenting. I would reverse the judgment of the court of appeals.

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