Kloker v. Indust. Comm.

OPINION

By HORNBECK, PJ.

Submitted on application of appellee for rehearing.

We are definitely of opinion that counsel were in agreement that when the Welsh v Industrial Commission decision, 136 Oh St 387, was released, the the judgment would be decisive of the instant ease.

When the Welsh opinion was released we accepted the third proposition of the syllabus therein as controlling of the law in this case. However, upon an examination of the brief of counsel for appellee on the apphcatian for rehearing we are of opinion that such. *629differentiation must be made between the facts in the two cases as…