Matter of Greek v Dansville Cent. Sch. Dist.

Holding The Board did not abuse its discretion in denying the employer’s request to abate the claim due to the decedent’s death, as the record was sufficiently developed through surveillance video and medical records. Substantial evidence supported the Board’s determination that the decedent’s injuries and subsequent death arose out of and in the course of his employment.

The court’s words

the employer's ability to waive issues, including its defenses, expressly or by reason of its conduct, cannot seriously be denied

2026 NY Slip Op 06044, at the official text

the Board has discretion to continue the proceeding, resolve any controversies and, if appropriate, make an award of workers' compensation benefits

2026 NY Slip Op 06044, at the official text

it must be a natural incident to the work, one of the risks connected with the employment, flowing therefrom as a natural consequence and directly connected with the work

2026 NY Slip Op 06044, at the official text

it was sufficient to establish that the compensable illness was a contributing factor in decedent's demise

2026 NY Slip Op 06044, at the official text