
    The State ex rel. Smith, Appellant, v. Veach Trucking, Inc. et al., Appellees.
    [Cite as State ex rel. Smith v. Veach Trucking, Inc., Ill Ohio St.3d 261, 2006-Ohio-5697.]
    (No. 2005-1808
    Submitted September 19, 2006
    Decided November 15, 2006.)
    Angela D. Marinakis, for appellant.
    Jim Petro, Attorney General, and Sue A. Wetzel, Assistant Attorney General, for appellee Industrial Commission of Ohio.
   {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

Moyer, C.J., Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.

Resnick and Pfeifer, JJ., dissent and would reverse the judgment of the court of appeals.  