Opinion
No. 00-677.
Submitted November 14, 2000.
Decided January 10, 2001.
Appeal from the Court of Appeals for Franklin County, No. 99AP-722.
Butkovich, Schimpf, Schimpf Ginocchio Co., L.P.A., and James A. Whittaker, for appellant.
Betty D. Montgomery, Attorney General, and Thomas L. Reitz, 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., F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
Douglas and Resnick, JJ., dissent.
I would reverse the judgment of the court of appeals and return the cause 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, J., concurs in the foregoing dissenting opinion.