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

Case No. MISSING
Regular Panel Decision

Korean American Nail Salon Ass'n of New York, Inc. v. Cuomo

This case involves a hybrid CPLR article 78 proceeding and declaratory judgment action brought by two trade groups representing Korean and Chinese owned nail salons in New York State. Petitioners sought to vacate the September 4, 2015 emergency rule by the NYS Department of State (DOS), which mandated wage bonds, and challenged the August 7, 2015 certification by the Department of Financial Services (DFS) that wage coverage was 'readily available.' These actions followed state investigations into wage violations in nail salons and new legislation aimed at protecting workers in the industry. The court ultimately rejected all of petitioners' arguments, finding no arbitrary action by the DFS, sufficient statutory authority, and proper justification for the emergency rule under the State Administrative Procedure Act. Claims of due process and equal protection violations were also dismissed, as the court determined the legislation served a legitimate state interest in worker protection. Consequently, the petition was dismissed, and injunctive relief was denied.

wage bond mandatenail salon industryCPLR Article 78declaratory judgmentemergency regulationState Administrative Procedure Actdue processequal protectionworker protectionregulatory challenge
References
7
Case No. MISSING
Regular Panel Decision

Johns v. AMC Beauty Salon

Petitioner Angelo Johns claimed an unapproved sublease from AMC Beauty Salon for psychic office space at 465 Lexington Avenue, New York. AMC surrendered the entire premises to Sol Goldman Investments, LLC (SGI) on June 2, 2010, representing no other occupants were present. Johns, who paid cash rent to AMC and avoided SGI detection, returned from vacation to find the premises locked. The court found Johns's testimony not fully credible regarding his regular presence and SGI's knowledge of the sublease. SGI credibly testified they were unaware of the sublease and saw no evidence of Johns's occupancy during a walk-through. Concluding Johns purposely hid his occupancy and SGI had no knowledge of it, the court dismissed the petition.

Landlord-TenantSubleaseVoluntary SurrenderOccupancy RightsUnapproved SubleaseCommercial LeasePsychic BusinessEvictionNew York LawCredibility Findings
References
5
Case No. 2020 NY Slip Op 07851
Regular Panel Decision
Dec 23, 2020

Bodlovic v. Giannoutsos

Miodrag Bodlovic, a plaintiff, sustained personal injuries while working for Gigi Salon & Spa due to a malfunctioning rollup gate. He and his wife sued the premises owners, Frank Giannoutsos, Paraskevi Giannoutsos, and Vasiliki Giannoutsos, alleging negligence. The Giannoutsos defendants, named as additional insureds on Gigi Salon's commercial general liability policy with United States Liability Insurance Company (USLIC), sought a declaration that USLIC was obligated to defend and indemnify them. USLIC moved for summary judgment, arguing a bodily injury exclusion in its policy precluded coverage. However, the Supreme Court, Queens County, denied this motion, finding an exception to the exclusion for liability assumed under an 'insured contract,' which in this case was the lease agreement between Gigi Salon and the Giannoutsos defendants. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that USLIC failed to demonstrate, prima facie, that the defendants were not entitled to coverage.

Insurance policyAdditional insuredSummary judgmentBodily injury exclusionInsured contractLease agreementIndemnificationAppellate reviewCoverage disputePremises liability
References
10
Case No. MISSING
Regular Panel Decision

Clanton v. Salon Visentin, Inc.

Claimant, a former shampooer and full-time receptionist, developed bilateral carpal tunnel syndrome and right epicondylitis. She sought workers' compensation benefits, claiming her injuries were an occupational disease due to strenuous repetitive movements associated with her employment. A Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board denied her claim, finding insufficient evidence of a recognizable link between her condition and a distinctive feature of her occupation. The appellate court affirmed the Board's determination, concluding that the record supported the finding that there was insufficient evidence of a specific repetitive movement suggesting a link between her job and injuries.

Occupational diseaseCarpal Tunnel SyndromeEpicondylitisRepetitive motion injuryWorkers' compensation benefitsCausal relationshipMedical evidenceSufficiency of evidenceAppellate reviewBoard decision
References
3
Case No. VNO 0399085
Regular
Jan 18, 2008

SERGE ORLOFF vs. IRWIN SALON SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration as untimely filed. Even if timely, the petition would have been denied on the merits, as the defendant failed to adequately develop the record regarding the applicant's need for further medical treatment. The Board also corrected a clerical error in the original award regarding the Employment Development Department's reimbursement for benefits paid to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalClerical ErrorCumulative TraumaPermanent Total DisabilityFurther Medical TreatmentAssisted Living FacilityElectric WheelchairLifetime Benefits
References
2
Case No. ADJ7541189
Regular
Jul 22, 2013

MARIA DEL CARMEN POSADA vs. MICHAEL JOSEPH FURIE SALON, REPUBLIC INDEMNITY

This case involves a lien claimant seeking reconsideration of an order dismissing its lien. The Workers' Compensation Appeals Board dismissed the petition because the claimant was not a party to the case in which the order was issued, therefore it was not aggrieved by the order. The Board noted procedural issues with the original order's service and the judge's subsequent attempt to vacate it. However, the dismissal of the petition for reconsideration stands, and the lien claimant may still pursue its claim in the proper case or file a new lien.

Petition for ReconsiderationLien ClaimantWCJ OrderLabor Code Section 5900Aggrieved PartyCompromise and ReleaseLien ConferenceADJ NumbersWCABVacate Order
References
0
Case No. ADJ2776530
Regular
Aug 07, 2015

AMY SMITH vs. WALTER CLAUDIO SALON & SPA, INC., STATE FARM INSURANCE

This case involves a Petition for Reconsideration and Removal filed by the applicant, Amy Smith, challenging an order allowing the defendant to submit surveillance videotape evidence to an Agreed Medical Examiner. The Appeals Board dismissed the Petition for Reconsideration because the WCJ's order was not a final decision but an interlocutory ruling on evidence. The Appeals Board also denied the Petition for Removal, finding no showing of substantial prejudice or irreparable harm to the applicant. The WCJ's report, adopted by the Board, concluded that the applicant had no reasonable expectation of privacy while exercising in a public gym and that the videotape was relevant to the claim.

WCABPetition for ReconsiderationPetition for RemovalAdministrative Law JudgeFinal OrderInterlocutory OrderSubstantive RightLiabilityThreshold IssueExtraordinary Remedy
References
7
Case No. 2019 NY Slip Op 05834
Regular Panel Decision
Jul 25, 2019

Matter of Issayou v. Issayuou Inc.

Claimant, a hair salon owner, suffered a myocardial infarction at work. She filed for workers' compensation benefits, asserting that stressful interactions with customers caused her heart attack and consequential depression and anxiety. The employer and carrier controverted the claim, leading to conflicting medical testimony. The Workers' Compensation Board disallowed the claim, finding that the heart attack did not arise out of and in the course of her employment. The Appellate Division affirmed the Board's decision, concluding that the stress experienced by the claimant was not greater than that encountered by other similarly situated workers and that her conditions were not causally related to her employment.

Workers' CompensationMyocardial InfarctionCausationStress-related InjuryPreexisting ConditionMedical Opinion ConflictSubstantial EvidenceAppellate ReviewHeart AttackEmployment Stress
References
9
Case No. MISSING
Regular Panel Decision
Sep 03, 2013

De Ping Song v. 47 Old Country, Inc.

Plaintiffs, salon workers (De Ping Song, Song Li, Yan Zhang, Chun Sen Zhu, Yang Xu, Jie Yi), sued the original defendants (Kui Soon Cho, Bae Kim, Hae Sook Kim, Hye Young Choi, and 47 Old Country, Inc.) for wage, hour, and employment discrimination violations, securing a $474,011.43 judgment in 2012 that remained unpaid. Subsequently, plaintiffs initiated a Rule 69 proceeding to impose successor liability on third-parties Inhae Corp. and Myung Ryun Park. The court applied the 'substantial continuity' test, finding Inhae Corp. liable as a successor due to clear notice of the judgment and the original defendants' likely inability to pay. However, Inhae Corp.'s liability was limited to the original jury verdict amount for unpaid wages, excluding liquidated damages and prejudgment interest, and Myung Ryun Park was not held personally liable.

Wage and Hour LawEmployment DiscriminationSuccessor LiabilityFLSA (Fair Labor Standards Act)Rule 69 FRCPCPLR 5225Substantial Continuity TestDe Facto MergerMere ContinuationFraudulent Transfer
References
28
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