
    The State ex rel. Ramsey, Appellee, v. Industrial Commission of Ohio, Appellant.
    [Cite as State ex rel. Ramsey v. Indus. Comm. (2001), 91 Ohio St.3d 24.]
    (No. 00-858
    Submitted November 14, 2000
    Decided January 24, 2001.)
    
      Butler, Cincione, DiCuccio & Barnhart and David B. Barnhart, for appellee.
    
      Betty D. Montgomery, Attorney General, and Kimberly M. Connett, Assistant Attorney General, for appellant.
   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. Based on the rationale set forth in the decision of the court of appeals’ magistrate, I respectfully dissent.  