
    The State ex rel. Cultice, Appellant, v. Industrial Commission of Ohio, Appellee.
    [Cite as State ex rel. Cultice v. Indus. Comm. (2001), 91 Ohio St.3d 572.]
    (No. 00-2005
    Submitted April 24, 2001
    Decided June 6, 2001.)
    
      Law Offices of James R. Nein and Brian W. Harter, for appellant.
    
      Betty D. Montgomery, Attorney General, and Kimberly M. Connett, 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 grant appellant relief in accordance with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.

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