The State ex rel. Tackett, Appellant, v. Industrial Commission of Ohio, Appellee, et al., 88 Ohio St. 3d 227

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., and Cook, J., dissent and would affirm the judgment of the court of appeals. Lundberg Stratton, J., dissents and would return this cause to the Industrial Commission for further review.