¶1concurring in part and dissenting in part:
¶2I concur with the majority’s handling of the due process issue presented in this case, but because I believe claimant’s fall was compensable, I also must dissent. It is true as the majority points out that claimant testified he was not sure how the accident happened. But what the majority fails to recognize are the circumstances surrounding the fall. Claimant was in an underground mine walking on wet, slick slate with l1/2- to 4-inch-diameter cables on the ground. The conditions of claimant’s employment clearly contributed to the cause of his injury. As the arbitrator stated: "Even if the knee gave way for no apparent reason, the left foot slid rapidly on the moist, slick slate and caused right knee to be caught under the Petitioner very quickly and with greater force.” I therefore believe the accident arose out of and in the course of claimant’s employment and claimant’s condition of ill-being is causally related to the accident.