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Workers' Compensation Claims
6 Months Ended
Jun. 30, 2019
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

 

 

Six Months Ended

 

 

 

June 30,

 

 

June 30,

 

 

 

2019

 

 

2018

 

 

2019

 

 

2018

 

Beginning balance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Workers' compensation claims liabilities

 

$

422,872

 

 

$

378,874

 

 

$

413,397

 

 

$

363,517

 

Add: claims expense accrual

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current period

 

 

41,145

 

 

 

39,967

 

 

 

81,530

 

 

 

79,019

 

Prior periods

 

 

(2,952

)

 

 

 

 

 

(4,652

)

 

 

(6

)

 

 

 

38,193

 

 

 

39,967

 

 

 

76,878

 

 

 

79,013

 

Less: claim payments related to

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current period

 

 

4,145

 

 

 

5,148

 

 

 

5,604

 

 

 

6,281

 

Prior periods

 

 

26,088

 

 

 

22,856

 

 

 

53,804

 

 

 

45,391

 

 

 

 

30,233

 

 

 

28,004

 

 

 

59,408

 

 

 

51,672

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Add: Change in claims incurred in excess of retention limits

 

 

(96

)

 

 

(23

)

 

 

(131

)

 

 

(44

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ending balance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Workers' compensation claims liabilities

 

$

430,736

 

 

$

390,814

 

 

$

430,736

 

 

$

390,814

 

Incurred but not reported (IBNR)

 

$

273,114

 

 

$

231,702

 

 

$

273,114

 

 

$

231,702

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ratio of IBNR to workers' compensation claims liabilities

 

 

63

%

 

 

59

%

 

 

63

%

 

 

59

%

The Company is a self-insured employer with respect to workers' compensation coverage for all of its employees (including employees co-employed through our client service agreements) 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 obtains policies from Chubb Limited (“Chubb”) for all clients in California, Delaware, Virginia, Pennsylvania, North Carolina, New Jersey, West Virginia, Idaho, Nevada and the District of Columbia. The arrangement with Chubb, known as a fronted program, provides BBSI a licensed, admitted insurance carrier to issue policies on behalf of BBSI. The risk of loss up to the first $5.0 million per occurrence is retained by BBSI through various agreements. Chubb assumes credit risk should BBSI be unable to satisfy its indemnification obligations.

The Company’s wholly owned, fully licensed captive insurance company incorporated in Arizona, AICE, provides reinsurance coverage up to $5.0 million per occurrence, except in Maryland and Colorado, where our retention per occurrence is $1.0 million and $2.0 million, respectively. The Company maintains excess workers’ compensation insurance coverage with Chubb between $5.0 million and statutory limits per occurrence, except in Maryland, where coverage with Chubb is between $1.0 million and statutory limits per occurrence, and in Colorado, where the coverage with Chubb is between $2.0 million and statutory limits per occurrence.

The Company also operates a wholly owned, fully licensed insurance company, Ecole, which provides workers’ compensation coverage to the Company’s employees working in Arizona and Utah. The Company maintains additional reinsurance coverage for Ecole with Chubb, for losses above $5.0 million per occurrence.

The Company restructured its fronted program with Chubb effective July 1, 2018. The new agreement maintains retention levels of $5.0 million per occurrence but now requires that collateral be advanced at the inception of the policy term. To partially satisfy these additional collateral requirements, the Company provided a surety bond of $30.0 million and a letter of credit of $63.7 million from its principal bank, Wells Fargo Bank, National Association (the “Bank”).

As part of its fronted workers’ compensation insurance program with Chubb, the Company makes monthly payments into trust accounts (the “Chubb trust accounts”) to be used for the payment of future claims. The balance in the Chubb trust accounts was $407.7 million and $451.0 million at June 30, 2019 and December 31, 2018, respectively. The Chubb trust accounts’ balances are included as a component of the current and long-term restricted cash and investments on the Company’s condensed consolidated balance sheets.

The states of California, Maryland, Oregon, Washington, Colorado and Delaware required us to maintain specified investment balances or other financial instruments totaling $73.2 million and $85.2 million at June 30, 2019 and December 31, 2018, respectively, to cover potential workers’ compensation claims losses related to the Company’s current and former status as a self-insured employer. At June 30, 2019, the Company provided surety bonds and standby letters of credit totaling $73.2 million, including a California requirement of $55.6 million.

The Company provided a total of $430.7 million and $413.4 million at June 30, 2019 and December 31, 2018, respectively, as an estimated future liability for unsettled workers' compensation claims liabilities. Of this amount, $3.2 million at June 30, 2019 and December 31, 2018, 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 excess insurance carriers of $3.2 million at June 30, 2019 and December 31, 2018, included in other assets on the condensed consolidated balance sheets.