734 N.E.2d 826

The State ex rel. Arnott, Appellant v. Industrial Commission of Ohio, Appellee.

No. 00-178.Supreme Court of Ohio.Submitted July 25, 2000.
Decided September 20, 2000.

Appeal from the Court of Appeals for Franklin County, No. 98AP-1457.

Dominic J. Fallon and Christine Fallon Good, for appellant.

Betty D. Montgomery, Attorney General, and Kimberly M. Connett, Assistant Attorney General, for appellee.

The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Moyer, C.J., Cook and Lundberg Stratton, JJ., dissent.

Lundberg Stratton, J., dissenting.

I dissent and would affirm the judgment of the court of appeals.

Moyer, C.J., and Cook, J., concur in the foregoing dissenting opinion.

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