THE STATE EX REL. BAUM, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL.,

                                    APPELLEES.

     [Cite as State ex rel. Baum v. Indus. Comm. (1998), ___ Ohio St.3d ___.]

Workers’ compensation – Court of appeals’ judgment reversed and cause

      returned for compliance with State ex rel. Noll.

   (No. 97-1098 – Submitted October 12, 1998 – Decided December 30, 1998.)

   APPEAL from the Court of Appeals for Franklin County, No. 96APD05-666.

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      Brian & Brian and Richard F. Brian, for appellant.

      Betty D. Montgomery, Attorney General, and Cordelia A. Glenn, Assistant

Attorney General, for appellee Industrial Commission.

      Black, McCuskey, Souers & Arbaugh and Mary E. Randall, for appellee

Republic Engineered Steels, Inc.

                                   __________________

      The judgment of the court of appeals is reversed, and the cause is returned

to the Industrial Commission for further proceedings in compliance with State ex

rel. Noll v. Indus. Comm. (1991), 57 Ohio St.3d 203, 567 N.E.2d 245.

      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 court

of appeals.

      MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion.
