(dissenting).
The majority opinion in this case correctly states the rule that the burden is on *395the claimant to establish his eligibility for work and in that connection what conditions would be injurious to his health, and that it is incumbent upon him to produce evidence showing with reasonable certainty what conditions would cause the rash.
Having failed to sustain the burden of proof, the Board and Examiner were correct in their conclusion that claimant was not eligible for unemployment security benefits. The Board and Examiner having held adversely to the claimant, and the majority opinion having recognized that the claim is not sustained by the evidence, there is no occasion for further hearing.
The record shows that the hearing before the Board was held pursuant to notice and by agreement of the parties. The claimant appeared in person and with J. L. Cochran, International Representative, Mine, Mill & Smelter Workers. The Agency made no appearance, and the Board on its own motion appointed Walter M. Oros to advise the claimant as amicus curiae. After consultation the Board was advised by claimant that there ivas no additional testimony to be offered. The matter was then taken under advisement, and Mr. Oros, and the Attorney General’s office, were given an opportunity to make arguments. The record shows that all evidence offered was received. Neither the Board nor the Examiner was required to produce evidence for the applicant. The order appealed from should be affirmed.