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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ1152287 (LAO 0873925)
Regular
Jan 10, 2012

LAMBERTO CABRERAS vs. ROBERTON INDUSTRIES, INC.; CHARTIS

The applicant, Lamberto Cabreras, filed a petition for reconsideration of a prior decision. However, the petitioner has withdrawn this petition. Consequently, the Workers' Compensation Appeals Board has dismissed the petition for reconsideration.

Petition for ReconsiderationOrder DismissingWithdrawn PetitionWorkers' Compensation Appeals BoardRoberton IndustriesChartisLamberto CabrerasADJ1152287
References
0
Case No. 2025 NY Slip Op 03700
Regular Panel Decision
Jun 18, 2025

Cabrera v. Provident Alpine Partners, L.P.

The plaintiffs, Luis Cabrera and his wife, appealed an order from the Supreme Court, Nassau County, concerning personal injuries Luis Cabrera sustained from falling off an A-frame ladder while performing demolition work. The Supreme Court had denied the plaintiffs' motion for summary judgment on their Labor Law § 240 (1) claim and granted the defendant's cross-motion to dismiss claims under Labor Law §§ 240 (1) and 241 (6). The Appellate Division, Second Department, modified the Supreme Court's order by denying the defendant's cross-motion to dismiss the Labor Law claims, while affirming the denial of the plaintiffs' motion for summary judgment. The court found triable issues of fact regarding whether Cabrera needed protection from gravity and if his actions were the sole proximate cause of his injuries under Labor Law § 240 (1). Additionally, it clarified the nondelegable duty under Labor Law § 241 (6) and highlighted the defendant's failure to demonstrate prima facie compliance with specific Industrial Code provisions (12 NYCRR 23-1.21 [b] [3] [iv] and [4] [ii]).

Labor LawSafe Place to WorkLadder FallSummary JudgmentAppellate DivisionPersonal InjuryConstruction AccidentIndustrial Code ViolationNondelegable DutyProximate Cause
References
19
Case No. CV-23-2004
Regular Panel Decision
Sep 25, 2025

In the Matter of the Claim of Joseph Cabrera

Joseph Cabrera, the claimant, established a workers' compensation claim for work-related injuries in 2022 and was classified with a permanent partial disability. The self-insured employer, New York City Housing Authority, failed to make timely compensation payments, leading to a late payment penalty imposed by the Workers' Compensation Law Judge (WCLJ). Claimant's counsel sought fees for securing this penalty, but the WCLJ denied the application, a decision later affirmed by the Workers' Compensation Board. The Board found that recent amendments to Workers' Compensation Law § 24 do not provide for additional counsel fees based on the assessment of a late payment penalty. The Appellate Division affirmed the Board's decision, citing prior precedent from Matter of Gonzalez v Northeast Parent & Child Socy., which established that counsel is not entitled to additional fees for securing late payment penalties.

Workers' Compensation LawCounsel FeesLate Payment PenaltyWorkers' Compensation Board AppealPermanent Partial DisabilityAppellate DivisionJudicial ReviewStatutory InterpretationSelf-Insured EmployerProcedural Error
References
4
Case No. MISSING
Regular Panel Decision

Cabrera v. A-To-Z Signs

Derek Cabrera was injured on September 18, 2012, while walking underneath a covered walkway at SUNY Purchase when a sign fell and struck him. He sued A-To-Z Signs, Inc., the installer, for negligence, alleging improper installation and use of an inadequate anchoring system. Due to sovereign immunity, Cabrera also filed a separate action against the State of New York (SUNY Purchase) in the Court of Claims. A-To-Z Signs, Inc. sought to have the jury apportion liability for Cabrera's injuries between itself and the State, citing CPLR 1601. Cabrera moved in limine to prevent this, arguing prejudice from the 'empty chair defense' as the State could not be joined in the Supreme Court action. The court, lacking Second Department precedent, followed the Third Department's reasoning in Artibee v Home Place Corp. The court ruled that A-To-Z Signs, Inc. could introduce evidence of the State's liability, and the jury would be charged on apportionment, with the State appearing on the verdict sheet, thereby denying Cabrera's motion in limine.

negligenceapportionment of liabilityCPLR 1601empty chair defensesovereign immunityState of New YorkCourt of Claimspersonal injurymotion in liminejoint tortfeasors
References
7
Case No. 2025 NY Slip Op 05129 [241 AD3d 1680]
Regular Panel Decision
Sep 25, 2025

Matter of Cabrera v. New York City Hous. Auth.

Joseph Cabrera, the claimant, established a workers' compensation claim for work-related injuries and was subsequently classified with a permanent partial disability. The self-insured employer, New York City Housing Authority, failed to make timely compensation payments, leading to the imposition of a late payment penalty under Workers' Compensation Law § 25 (1) (e). Claimant's counsel sought an award of counsel fees for their role in securing this penalty, but the application was denied by the Workers' Compensation Law Judge, a decision later affirmed by the Workers' Compensation Board. The denial was based on recent amendments to Workers' Compensation Law § 24, which do not provide for additional fees for procuring late payment penalties. The Appellate Division, Third Department, affirmed the Board's decision, citing consistency with prior rulings that underscore the lack of authority to award such counsel fees.

counsel feeslate payment penaltyWorkers' Compensation Lawpermanent partial disabilityadministrative appealstatutory interpretationattorney fees denialjudicial reviewappellate decisionWorkers' Compensation Board
References
4
Case No. MISSING
Regular Panel Decision

Cabrera v. NYC

Plaintiff Yvette Cabrera sued the City of New York, New York City Health and Hospitals Corporation (HHC), Bellevue Hospital Center, several individual employees (Victor Infante, Sarah Rodriguez, Dena Rakower), and the union (Local 1180 and Dorothy Harris) for age and national origin discrimination under Title VII, ADEA, and NYHRL, and intentional infliction of emotional distress. Defendants moved for summary judgment. The court granted the motions, dismissing the complaint. The City of New York was dismissed as it was not Cabrera's employer. Discrimination claims were found partially time-barred, and Cabrera failed to establish a prima facie case as similarly situated non-protected employees were not treated differently. The intentional infliction of emotional distress claim was also dismissed as time-barred and for lacking extreme and outrageous conduct.

Employment DiscriminationAge DiscriminationNational Origin DiscriminationTitle VIIADEANYHRLSummary JudgmentProvisional EmployeeCivil Service StatusStatute of Limitations
References
52
Case No. ADJ7532431
Regular
Jun 16, 2012

MARCO CABRERA vs. C.R. ENGLAND, INC., NEW HAMPSHIRE INSURANCE COMPANY

This case concerns Marco Cabrera's workers' compensation claim for injuries sustained as a truck driver. The WCJ initially denied the claim, finding it barred by Labor Code Section 3600(a)(10), which requires notice of injury before termination unless the employee proves otherwise. Cabrera appealed, arguing the bar did not apply, but the Appeals Board affirmed the WCJ's decision. The Board found Cabrera failed to provide credible pre-termination evidence of injury as required by law, and his testimony lacked consistency.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 3600(a)(10)Notice of InjuryPre-termination NoticePreponderance of EvidenceCredibility of WitnessWCJDeposition TestimonyTermination of Employment
References
0
Case No. ADJ3753730 (LBO 0386251) ADJ2537615 (LBO 0388280)
Regular
Apr 13, 2020

JOSE CABRERA vs. ALEJANDRO MADRIGAL

This case concerns applicant Jose Cabrera's petition to set aside a Compromise and Release agreement resolving his workers' compensation claims for injuries in 2006. Cabrera argues the agreement should be voided because he continues to suffer injuries and incur medical costs. The Appeals Board found his petition for reconsideration premature, as no evidence or testimony was presented to support his claims of good cause to set aside the settlement. The Board vacated its grant of reconsideration, dismissed the petition, and returned the case to the trial level for a hearing to develop the record on his request to set aside the agreement.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleasePetition to Set AsideGood CauseMutual MistakeFraudDuressUndue InfluenceProcedural Irregularities
References
11
Case No. MISSING
Regular Panel Decision

Cabrera v. Schafer

Plaintiff Efrain Reyes Cabrera sued his former employers, Thomas Schafer and Dream Team Tavern Corp., alleging violations of the Fair Labor Standards Act and New York Labor Law for unpaid overtime and improper wage notice. The Defendants denied these claims. The Court denied the Defendants' motions in limine, which sought judicial notice of Workers’ Compensation Board findings and admission of allegedly forged immigration documents to impeach the Plaintiff’s credibility. The Court found the request for judicial notice improper as it sought to establish the truth of disputed facts from another case, and the immigration documents, while potentially relevant to credibility, were highly prejudicial and could have a chilling effect on other employees.

FLSANYLLWage and HourOvertimeMotions in LimineJudicial NoticeCredibilityImmigration StatusFederal Rules of EvidenceRule 201
References
15
Case No. ADJ8608456 MF ADJ8608504 ADJ8523009 ADJ8551858 ADJ8609068
Regular
Oct 07, 2015

HORACIO CABRERA, Deceased MARIBEL BARAJAS, Widow, Guardian Ad Litem for LITZY CABRERA, LESLY CABRERA, MARIA CABRERA AND KASSANDRA CABRERA; BRIANNA CABRERA, for herself and Guardian Ad Litem for STEFANI ARIAS,, ANTONIO SOLARES, MODESTO DOMINGUEZ, JOHNATHAN ALONSO vs. MV CONTRACTING, STAR INSURANCE COMPANY

This case involves a petition for reconsideration by MV Contracting regarding a prior WCJ decision finding industrial injuries and a fatal injury due to a motor vehicle accident. The WCJ excluded the defendant's evidence of a timely denial, presuming the claims compensable and finding the "going and coming rule" inapplicable. The Board affirmed the WCJ's decision, denying the petition for reconsideration. The Board agreed that the employer's submission of a claim form acted as the applicant dependents' agent, satisfying their obligation.

Workers' Compensation Appeals BoardIndustrial InjuriesMotor Vehicle AccidentFatal Industrial InjuryDependentsPetition for ReconsiderationRulings and Order Admitting EvidenceFindings of FactNotice of DenialPresumed Compensable
References
0
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