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Workers' Compensation Claims
3 Months Ended
Mar. 31, 2022
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

 

 

March 31,

 

 

2022

 

 

2021

 

Beginning balance

 

 

 

 

 

 

 

Workers' compensation claims liabilities

$

279,407

 

 

$

357,746

 

Add: claims expense accrual

 

 

 

 

 

 

 

Current period

 

4,284

 

 

 

33,270

 

Prior periods

 

(2,919

)

 

 

(1,180

)

 

 

1,365

 

 

 

32,090

 

Less: claim payments related to

 

 

 

 

 

 

 

Current period

 

225

 

 

 

1,050

 

Prior periods

 

18,034

 

 

 

25,767

 

 

 

18,259

 

 

 

26,817

 

 

 

 

 

 

 

 

 

Change in claims incurred in excess of retention limits

 

133

 

 

 

(356

)

 

 

 

 

 

 

 

 

Ending balance

 

 

 

 

 

 

 

Workers' compensation claims liabilities

$

262,646

 

 

$

362,663

 

Incurred but not reported (IBNR)

$

138,604

 

 

$

212,297

 

 

 

 

 

 

 

 

 

Ratio of IBNR to workers' compensation claims liabilities

 

53

%

 

 

59

%

 

 

 

 

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 82% of the Company’s workers’ compensation exposure is covered through the insured program.

The Company entered into a new arrangement for its insured program effective July 1, 2021 whereby third-party insurers assume all risk of loss for claims incurred after June 30, 2021. The agreement continues to June 30, 2022 and includes a renewal commitment through June 30, 2023. The arrangement allows for premium adjustments depending on overall portfolio performance. If claims develop favorably, BBSI can participate in the savings up to $20.0 million for a twelve-month policy period. If claims develop adversely, additional premium may be charged up to $7.5 million for a twelve-month policy period.

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. This transaction reduced the Company’s outstanding workers’ compensation liabilities and trust account balances by $115.7 million.

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. This transaction reduced the Company’s outstanding workers’ compensation liabilities by $53.1 million. The payment terms of LPT 2 required $5.0 million to be paid prior to June 30, 2021, with the remaining amount paid in July 2021.

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

 

(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 $240.4 million and $273.6 million at March 31, 2022 and December 31, 2021, 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 18% 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 $58.4 million at both March 31, 2022 and December 31, 2021, to cover potential workers’ compensation claims losses related to the Company’s current and former status as a self-insured employer. At March 31, 2022, the Company provided surety bonds and standby letters of credit totaling $58.4 million, including a California requirement of $32.6 million.

Claims liabilities

The Company provided a total of $262.6 million and $279.4 million at March 31, 2022 and December 31, 2021, respectively, as an estimated future liability for unsettled workers' compensation claims liabilities. Of this amount, $2.3 million and $2.2 million at March 31, 2022 and December 31, 2021, 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 $2.3 million and $2.2 million at March 31, 2022 and December 31, 2021, respectively, included in other assets in the condensed consolidated balance sheets.