v3.22.2.2
Note 7 - Commitments and Contingencies
3 Months Ended
Mar. 31, 2022
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]

Note 7  Commitments and Contingencies 

 

As of  March 31, 2022, the Company leases facilities and certain equipment under lease commitments that expire through June 2026. Future minimum lease payments for these operating and finance lease commitments for the twelve months ending March 31 are as follows (in thousands):

 

 

 Operating Leases  Finance Leases 

2023

 $726  $14 

2024

  645   14 

2025

  390   6 

2026

  356   - 

2027

  90   - 
Total future lease payments  2,207   34 
Impact of discounting  (221)  (2)
Discounted value of lease obligations $1,986  $32 

 

The following table summarizes the components of our gross operating and finance lease costs incurred for the three months ended March 31, 2022 and 2021 (in thousands):

 

  

For the Three Months Ended

 
  March 31, 
  2022   

2021

 

Operating lease cost:

        
Current lease cost $25  $14 
Long-term lease cost  226   257 

Total operating lease cost

 $251  $271 
         
Finance lease cost:        
Amortization of right-of-use assets $10  $25 
Interest on lease liabilities  1   16 

Total finance lease cost

 $11  

$

41 

 

Our weighted-average lease term and discount rate used for the three months ended March 31, 2022 and 2021 are as follows:

 

  For the Three Months Ended 
  March 31, 
  2022  2021 
Operating:        

Weighted-average lease term (years)

  3.28   3.90 

Weighted-average discount rate

  6.09%  6.08%
         
Finance:        
Weighted-average lease term (years)  2.48   1.91 
Weighted-average discount rate  5.59%  5.92%

 

Self-Insurance

 

In June 2015, the Company became self-insured under its Employee Group Medical Plan, and under that plan was responsible to pay the first $50,000 in medical costs per individual participant for claims incurred in the calendar year, up to a maximum of approximately $1.8 million per year in the aggregate based on enrollment. The Company had no accrued liability as of March 31, 2022 and December 31, 2021, respectively, for insurance claims that it anticipates paying in the future related to claims that occurred prior to December 31, 2021. The Company's trailing potential liability for unsubmitted claims under the self-insured plan expired on December 31, 2021, and the remaining $92,000 was recorded to Other income on that date. Effective January 1, 2021, the Company moved onto a traditional Employee Group Medical Plan and was no longer self-insured for claims occurring after that date.

 

Effective April 1, 2015, the Company had entered into a workers’ compensation and employer’s liability insurance policy with a term through March 31, 2018.  Under the terms of the policy, the Company was required to pay premiums in addition to a portion of the cost of any claims made by our employees, up to a maximum of approximately $1.8 million over the term of the policy (an amount that was variable with changes in annualized compensation amounts). As of March 31, 2022, a former employee of ours had an open claim relating to injuries sustained while in the course of employment, and the projected maximum cost of the policy, as determined by the insurance carrier, included estimated claim costs that have not yet been paid or incurred in connection with the claim. During the year ended December 31, 2017, our insurance carrier formally denied the workers' compensation claim and has moved to close the claim entirely. Per the terms of our insurance policy, through March 31, 2022, we had paid in approximately $1.8 million of the projected maximum plan cost of $1.8 million and had recorded approximately $1.6 million as expense over the term of the policy. In September 2020, the claim was officially denied by the Kansas Division of Workers Compensation Judicial Unit. In the fourth quarter of 2021, the claim was settled and there was no further liability for the claim at that time. Upon settlement, the Company was provided with a range of most likely amounts which will be returned. During the fourth quarter of 2021, the Company reduced the deposit to the lowest amount in the range, or $126,000. The Company collected the remaining unused deposit that was being held by the underwriter in the second quarter of 2022.

 

Litigation

 

On November 8, 2021, a plaintiff who is a Texas resident, filed a complaint in Texas State Court in Atascosa County, against the Company, its wholly owned subsidiary, Heat Waves Hot Oil Service, LLC, and two individual former Company employees alleging negligence by the Company and its subsidiary in connection with a traffic accident sustained by the plaintiff on November 19, 2019. 

 

On  August 9, 2022, the Company, it’s insurance carriers and the plaintiff entered into a mediated settlement of all claims against all parties in the matter of the auto liability claim. The $9.3 million settlement agreement was executed by all parties during September 2022. The claim payment to plaintiff was covered by the Company’s insurance policies.