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MATTER OF CABRERA v. TWO-THREE-NOUGHT-FOUR ASSOCIATES

46 A.D.3d 1255 (2007)

848 N.Y.S.2d 748

In the Matter of JUAN CABRERA, Respondent, v. TWO-THREE-NOUGHT-FOUR ASSOCIATES, Appellant, and STATE INSURANCE FUND et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 27, 2007.

Spain, J.

Claimant sustained a back injury and an umbilical hernia in September 1994 while performing his job as superintendent of a building located at 2304 Sedgewick Avenue in the Bronx (hereinafter the building); he filed a claim for workers' compensation benefits the following year. In a decision dated September 2000, a Workers' Compensation Law Judge (hereinafter the WCLJ) determined—after a hearing—that claimant had been permanently partially disabled...

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