Upham's Case

This is a proceeding under the workmen’s compensation act. The deceased employee, on July 20, 1921, fell from a step-ladder and received an injury to his back which arose out of and in the course of his employment. The injury caused or aggravated an arthritis of the spine which totally incapacitated him until February 14, 1922, when he died; during this period he was paid compensation by the insurer.

On February 4, 1922, he suffered from severe abdominal pains — diagnosed as appendicitis — and as a result of an operation performed therefor he died ten days later. The present claim for…