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Workers' Compensation Claims
9 Months Ended
Sep. 30, 2023
Text Block [Abstract]  
Workers' Compensation Claims

Note 3 – Workers’ Compensation Claims

The following table summarizes the aggregate workers’ compensation reserve activity (in thousands):

 

 

Three Months Ended

 

 

Nine Months Ended

 

 

September 30,

 

 

September 30,

 

 

2023

 

 

2022

 

 

2023

 

 

2022

 

Beginning balance

 

 

 

 

 

 

 

 

 

 

 

Workers' compensation claims liabilities

$

191,823

 

 

$

241,510

 

 

$

215,987

 

 

$

279,407

 

Add: claims expense accrual

 

 

 

 

 

 

 

 

 

 

 

Current period

 

3,792

 

 

 

4,854

 

 

 

11,636

 

 

 

13,678

 

Prior periods

 

(4,098

)

 

 

(1,360

)

 

 

(6,792

)

 

 

(10,737

)

 

(306

)

 

 

3,494

 

 

 

4,844

 

 

 

2,941

 

Less: claim payments related to

 

 

 

 

 

 

 

 

 

 

 

Current period

 

1,240

 

 

 

1,714

 

 

 

2,005

 

 

 

2,742

 

Prior periods

 

12,244

 

 

 

16,846

 

 

 

41,532

 

 

 

53,136

 

 

13,484

 

 

 

18,560

 

 

 

43,537

 

 

 

55,878

 

 

 

 

 

 

 

 

 

 

 

 

Change in claims incurred in excess of retention limits

 

(231

)

 

 

899

 

 

 

508

 

 

 

873

 

 

 

 

 

 

 

 

 

 

 

 

Ending balance

 

 

 

 

 

 

 

 

 

 

 

Workers' compensation claims liabilities

$

177,802

 

 

$

227,343

 

 

$

177,802

 

 

$

227,343

 

Incurred but not reported (IBNR)

$

82,076

 

 

$

117,587

 

 

$

82,076

 

 

$

117,587

 

 

 

 

 

 

 

 

 

 

 

 

Ratio of IBNR to workers' compensation claims liabilities

 

46

%

 

 

52

%

 

 

46

%

 

 

52

%

 

Insured program

The Company provides workers’ compensation coverage for client employees primarily through arrangements with fully licensed, third-party insurers (the “insured program”). Under this program, carriers issue policies or afford coverage to the Company’s clients under a program maintained by the Company. Approximately 84% of the Company’s workers’ compensation exposure is covered through the insured program.

Effective July 1, 2021, the Company entered into a new arrangement for its insured program, whereby third-party insurers assumed all risk of loss for claims incurred from July 1, 2021 to June 30, 2022 (the “2021-2022 Policy”). The arrangement for the insured program was renewed for claims incurred from July 1, 2022 to June 30, 2023 (the “2022-2023 Policy”) and for claims incurred from July 1, 2023 to June 30, 2024 (the “2023-2024 Policy”).

The 2021-2022 Policy, 2022-2023 Policy, and 2023-2024 Policy allow for premium adjustments depending on overall policy performance. If claims develop favorably, BBSI can participate in savings up to $20.0 million, $22.5 million, and $28.5 million for the 2021-2022 Policy, 2022-2023 Policy, and 2023-2024 Policy, respectively. If claims develop adversely, additional premium may be charged up to $7.5 million under the 2021-2022 Policy. No additional premiums may be charged if claims develop adversely under the 2022-2023 Policy and the 2023-2024 Policy.

For claims incurred under the insured program prior to July 1, 2021, the Company retains risk of loss up to the first $3.0 million per occurrence on policies issued after June 30, 2020 and $5.0 million per occurrence on policies issued before that date.

On June 29, 2020, the Company entered into a loss portfolio transfer agreement (“LPT 1”) to remove all outstanding workers’ compensation claims obligations for claims incurred under its insured program between February 1, 2014 and December 31, 2017.

On June 30, 2021, the Company entered into a loss portfolio transfer agreement (“LPT 2”) to remove all remaining outstanding workers’ compensation claims obligations for client policies issued under its insured program up to June 30, 2018.

The following is a summary of the risk retained by the Company under its insured program after considering the effects of the loss portfolio transfers and current insurance arrangements:

 

Year

Claims risk retained

2014

No

2015

No

2016

No

2017

No

2018 (1)

No

2019 (1)

Yes

2020

Yes

2021 - Through June 30

Yes

2021 - July 1 and after

No

2022

No

2023

No

 

(1) LPT 2 excluded approximately 10% of claims from 2018 and included an approximately offsetting amount of claims from 2019.

The Company is required to maintain minimum collateral levels for certain policies issued under the insured program, which is held in a trust account (the “trust account”). The balance in the trust account was $178.7 million and $188.2 million at September 30, 2023 and December 31, 2022, respectively. The trust account balance is included as a component of the current and long-term restricted cash and investments in the Company’s condensed consolidated balance sheets.

 

Self-insured programs

The Company is a self-insured employer with respect to workers' compensation coverage for all employees, including employees of PEO clients that elect to participate in our workers’ compensation program, working in Colorado, Maryland and Oregon. In the state of Washington, state law allows only the Company's staffing services and internal management employees to be covered under the Company's self-insured workers' compensation program. The Company also operates a wholly owned, fully licensed insurance company, Ecole, which provides workers’ compensation coverage to client employees working in Arizona and Utah. Approximately 16% of the Company’s workers’ compensation exposure is covered through self-insurance or Ecole (the “self-insured programs”).

For all claims incurred under the Company’s self-insured programs, the Company retains risk of loss up to the first $3.0 million per occurrence, except in Maryland and Colorado, where the Company’s retention per occurrence is $1.0 million and $2.0 million, respectively. For claims incurred under the Company’s self-insured programs prior to July 1, 2020, the Company retains risk of loss up to the first $5.0 million per occurrence, except in Maryland and Colorado, where the retention per occurrence is $1.0 million and $2.0 million, respectively.

The states of California, Maryland, Oregon, Washington, Colorado and Delaware required the Company to maintain collateral totaling $48.1 million and $54.5 million at September 30, 2023 and December 31, 2022, respectively, to cover potential workers’ compensation claims losses related to the Company’s current and former status as a self-insured employer. At September 30, 2023, the Company provided surety bonds totaling $48.1 million, including a California requirement of $17.2 million.

Claims liabilities

The Company provided a total of $177.8 million and $216.0 million at September 30, 2023 and December 31, 2022, respectively, as an estimated future liability for unsettled workers' compensation claims liabilities. Of this amount, $3.5 million and $3.0 million at September 30, 2023 and December 31, 2022, respectively, represent case reserves incurred in excess of the Company’s retention. The accrual for costs incurred in excess of retention limits is offset by a receivable from insurance carriers of $3.5 million and $3.0 million at September 30, 2023 and December 31, 2022, respectively, included in other assets in the condensed consolidated balance sheets.