Zerofski's Case

This appeal calls for interpretation of the phrase “personal injury arising out of and in the course of . . . employment,” as it appears in § 26 of our workers’ compensation act, G. L. c. 152, § 26, as amended through St. 1973, c. 855, § 1. We conclude that on the particular facts presented, the aggravation of the plaintiff’s prior injury, due to years of standing and walking at work, was not such a personal injury.

We summarize the facts as found by a single member of the Industrial Accident Board, and adopted by the reviewing board. The claimant, Walter A. Zerofski, was employed as a foreman…