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California Appeals Court Strikes Down Liberty Mutual’s Argument That Claims Adjusters Are Exempt From Over-Time. But Who Is Frances Harris?
By Lonce LaMon - July 25, 2012

Finally, the California appeals court has ruled against Liberty Mutual Group Inc., in Frances Harris et al vs. The Superior Court of Los Angeles County stating that claims adjusters are not exempt from state laws that require they be paid overtime.   A statement from Liberty Mutual was expressed as, “Liberty Mutual Insurance is disappointed in the ruling and is carefully reviewing that decision to evaluate our options.” 
 
This case has been watched closely by adjusters because of its potential to change their present predicament of often being expected to handle more cases in a case load than a reasonable 40-hour-work-week will allow.  This writer searched for Frances Harris, the lead-adjuster-plaintiff in this class action law suit, and sought her out by calling Tristar Risk Management in Alhambra.
 
“That’s not me,” said Frances Harris, a workers’ compensation claims examiner at Tristar in Alhambra, California, a claims department that is dedicated to handling the City of Los Angeles’ workers’ compensation claims.  “That’s somebody with my name.  There are four Frances Harrises in Pasadena (the area).  So, when you find her give me a call back.” 
 
It’s a freak coincidence there’s another Frances Harris who is the lead plaintiff in this class action suit and is a workers’ compensation claims adjuster in the Los Angeles area.  However this Frances Harris at Tristar, who formerly worked at Intercare Insurance Services, stated she has been watching this case and already knew about the ruling.
 
She said, “I think too because of that ruling that just came down, they’re going to have to reduce adjusters’ case loads to where it is manageable.  So they don’t have to work 24/7.” 
 
“And that means hiring more adjusters, is that what you’re suggesting?” this writer responded. 
 
“Yes, I think so.  If you have 220 cases, then that’s not manageable.  Unless you work overtime.  And I think that (the decision) is going to have a huge impact.  So, when you find Frances, give me a call back.”
 
Golden Eagle, an insurance carrier based in San Diego and a subsidiary of Liberty Mutual Group, is also a party-employer in this litigation.  Four lawsuits were consolidated into one class action where adjusters alleged the employers improperly classified them as exempt from laws requiring overtime pay. 
 
The adjusters’ request to the appeals court was to recertify a portion of their class that was decertified by the trail court based on the filing date of certain claims.  The adjusters also challenged the trial court’s denial of their motion for summary judgment on the administrative exemption defense.  The employers sought decertification of the portion of the class that remained certified.
 
But in Monday’s ruling, the California Court of Appeal essentially rejected the employers’ petition.  It stated that the adjusters’ primary work duties are the day-to-day tasks of adjusting individual claims and are not directly related to management polices or general business operations.
 
 
 
 

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