Opinion
No. 98-870.
Submitted February 9, 1999.
Decided March 24, 1999.
On Motion for Reconsideration.
Law Office of Thomas Tootle and Thomas Tootle, for appellant.
Betty D. Montgomery, Attorney General, and Jon D. Grandon, Assistant Attorney General, for appellee.
The motion for this court to reconsider its judgment entry and decision in State ex rel. Thomas v. Indus. Comm. (1999), 84 Ohio St.3d 370, 703 N.E.2d 1280, is granted.
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.
I dissent and would affirm the judgment of the court of appeals.
Moyer, C.J., and Cook, J., concur in the foregoing dissenting opinion.