Dallesandro v. Dallesandro
This opinion addresses a motion by Nationwide Insurance Company, the workers' compensation carrier for the respondent's employer, to vacate a wage deduction order issued on June 26, 1981. The original order directed Nationwide to withhold $95 per week from the respondent's workers' compensation benefits for the support of his former wife and two children, due to the respondent's failure to pay. Nationwide contended that it was not explicitly authorized by Personal Property Law § 49-b and that workers' compensation benefits were statutorily exempt from support claims. The court rejected both arguments, holding that carriers acting as employer agents are bound by the law and that workers' compensation exemptions do not apply to support claims, citing legislative intent evidenced by the repeal of a former exemption. Consequently, the motion to vacate was denied, and the carrier was directed to comply with the original order.