A New York appellate court has ruled in a workers' compensation case that will affect the estate of a deceased school bus driver. The decision, made on October 15, 2026, confirms that the claim for workers' compensation benefits did not end with the driver's death. This ruling is significant for families dealing with similar situations, as it sets a precedent for how claims are handled after an employee passes away.
The case, titled Matter of Greek v. Dansville Central School District (Docket CV-23-2419 CV-24-1269), involved Michelle L. Greek, the executor of Walter E. Greek's estate, and the Dansville Central School District. The court's decision impacts how workers' compensation claims are processed when the claimant dies before a ruling is made.
Walter E. Greek was employed as a school bus driver when he suffered a medical emergency while driving on April 5, 2022. He lost control of the bus and crashed into another vehicle. Following the accident, he was found unresponsive and was later pronounced dead on April 10, 2022. His estate filed for both lifetime workers' compensation benefits and death benefits after his passing.
The dispute arose when the school district argued that Greek's claims should end due to his death. Initially, a Workers' Compensation Law Judge ruled that the claims could continue, leading to further appeals and decisions from the Workers' Compensation Board. The Board ultimately ruled that Greek's claims did not abate upon his death, allowing the estate to pursue benefits.
The court ruled that the Workers' Compensation Board's decision was valid, stating, "the Board has discretion to continue the proceeding, resolve any controversies and, if appropriate, make an award of workers' compensation benefits." The judges involved in the ruling included Aarons, J.P., Reynolds Fitzgerald, Fisher, Powers, and Mackey.
The court's decision emphasized that the employer's argument for dismissing the claims due to the decedent's absence at a prehearing conference was waived. The Board found that substantial evidence supported the claim that Greek's injuries arose out of his employment, affirming the Board's ruling that the decedent's medical issues were linked to his work as a bus driver.
This ruling is crucial for other families facing similar circumstances. It clarifies that the death of a worker does not automatically terminate their claim for benefits, allowing families to seek compensation for work-related injuries even after the employee has passed away. The decision also highlights the importance of the evidence presented in such cases, as the Board relied on medical testimony and documentation to support its findings.
Going forward, this ruling may influence how workers' compensation claims are handled in New York and potentially in other states. It establishes that claims can continue after an employee's death, provided there is sufficient evidence linking the injuries to their employment. This could lead to more families receiving the benefits they deserve in similar situations.
The court's ruling in this case cannot be appealed further, as it is a final decision from the appellate division. However, it may set a precedent for future cases involving workers' compensation claims and the rights of deceased employees' estates.