The State ex rel. Martin, Appellant, v. Industrial Commission of Ohio et al., Appellees

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.

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.