CLAIM SUMMARY / DETERMINATION FORM

Claim Number N10036-1440

Claimant Pamela Zuber

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $8,500.00

FACTS 

On or about 20 April 2010, the Mobile Offshore Drilling Unit Deepwater Horizon (Deepwater 

Horizon) exploded and sank in the Gulf of Mexico. As a result of the explosion and sinking, oil 

was discharged. The Coast Guard designated the source of the discharge and identified BP as a 

responsible party (RP). BP accepted the designation and advertised its OPA claims process. On 

23 August 2010, the Gulf Coast Claims Facility (GCCF) began accepting and adjudicating 

certain individual and business claims on behalf of BP. 

CLAIM AND CLAIMANT

On 23 September 2011, Pamela Zuber (Claimant) presented an optional Oil Spill Liability Trust 

Fund (OSLTF) claim form seeking $8,500.00 for loss of profits and impairment of earnings 

capacity to the National Pollution Funds Center (NPFC) alleging damages resulting from the 

Deepwater Horizon oil spill. 

The Claimant owns a condo in Panama City, Florida.1

 The Claimant asserted she rents out the 

condo in the winter months. Her husband uses it to entertain subcontractors in his business in the 

summer for fishing trips. She barters with her hairdresser for a $1,000.00 stay in the fall 

months.2

 The Claimant’s family uses the condo when it is not rented in the winter or not used 

for the purposes stated above.3

 The Claimant alleges lost rental, subcontractor incentives, and 

barter income in the amount of $8,500.00.4

APPLICABLE LAW 

Under the Oil Pollution Act of 1990 (OPA), at 33 U.S.C. § 2702(a), responsible parties are liable 

for removal costs and damages resulting from the discharge of oil into or upon the navigable 

waters or adjoining shorelines or the exclusive economic zone, as described in Section 2702(b) 

of OPA. 

The OSLTF which is administered by the NPFC, is available, pursuant to 33 U.S.C. § 2712(a)(4) 

and § 2713 and the OSLTF claims adjudication regulations at 33 C.F.R. Part 136, to pay claims 

for uncompensated damages. One type of damages available pursuant to 33 C.F.R. §136.231 is a 

claim for loss of profits or impairment of earning capacity due to injury to or destruction of 

natural resources.

Under 33 C.F.R. § 136.233 a claimant must establish the following:

(a) That real or personal property or natural resources have been injured, 

destroyed, or lost.

1 Deed dated 10 July 1992. 

2 Letter explaining the claim dated 28 June 2011 addressed to the GCCF. 

3 Letter explaining the claim dated 28 June 2011 addressed to the GCCF. 

4 Optional OSLTF claim form dated 17 September 2011. 

 
(b) That the claimant’s income was reduced as a consequence of injury to, 

destruction of, or loss of property or natural resources, and the amount of that 

reduction.

(c) The amount of the claimant’s profits or earnings in comparable periods and 

during the period when the claimed loss or impairment was suffered, as 

established by income tax returns, financial statements, and similar 

documents. In addition, comparative figures for profits or earnings for the 

same or similar activities outside of the area affected by the incident also must 

be established.

(d) Whether alternative employment or business was available and undertaken 

and, if so, the amount of income received. All income that a claimant 

received as a result of the incident must be clearly indicated and any saved 

overhead and other normal expenses not incurred as a result of the incident 

must be established. 

Under 33 C.F.R. § 136.105(a) and § 136.105(e)(6), the claimant bears the burden of providing to 

the NPFC, all evidence, information, and documentation deemed necessary by the Director, 

NPFC, to support the claim. 

Under 33 C.F.R. § 136.235, the amount of compensation allowable for a claim involving loss of 

profits or impairment of earning capacity is limited to the actual net reduction or loss of earnings 

or profits suffered. Calculations for net reductions or losses must clearly reflect adjustments for-

(a) All income resulting from the incident;

(b) All income from alternative employment or business undertaken;

(c) Potential income from alternative employment or business not undertake, but 

reasonably available;

(d) Any saved overhead or normal expenses not incurred as a result of the 

incident; and

(e) State, local, and Federal taxes.

DETERMINATION OF LOSS 

Claimant’s Submission to the OSLTF

To support her claim, Claimant submitted:

1) Optional OSLTF claim form dated 17 September 2011;

2) Supplemental OSLTF claim form letter dated 18 September 2011;

3) GCCF denial letter for Interim payment/Final payment claim dated 08 July 2011;

4) Letter explaining the claim dated 28 June 2011 addressed to the GCCF;

5) Contract for sale and purchase of real property in Panama City Beach, Florida dated 15 

June 1992;

6) Warranty deed for real property in Panama City Beach, Florida dated 10 July 1992.

Claimant seeks lost profits and impairment of earnings capacity in the amount of $8,500.00.

On 26 September 2011, the NPFC sent a letter to the Claimant requesting additional information 

in order to further evaluate the claim. The Claimant did not respond to the request. The letter 

was sent Certified Mail Return Receipt Requested.5

 The USPS tracking site showed the letter 

5 USPS 7011 1150 0000 4636 2656.

 
was attempted to be delivered 03 October 2011 in Panama City and a notice was left.6

 On 12 

October 2011, the Claimant telephoned the NPFC and requested a copy of the certified letter via 

email.7

 The NPFC sent the email “read receipt requested” 12 October 2011.8 As of the date of 

this determination the Claimant has not responded to the request for additional information. 

Prior to presenting her claim to the NPFC, the Claimant filed a Full Review Final claim (FRF) 

for Real/Personal Property with the GCCF on 28 June 2011 in the amount of $8,500.00.9

 She 

was assigned Claimant ID #3527837 and claim #9406240.

10 This claim was denied on 08 July 

2011.11 Under 33 C.F.R. § 136.103(a), all claims for removal costs or damages must be 

presented first to the RP. Based upon the evidence provided by the Claimant, it appears that the 

NPFC claim designation is different than the one submitted to the GCCF.12 However, based on 

the Claimant’s statements submitted to the NPFC it appears the subject matter for the GCCF 

claim for real or personal property is the same as the subject matter of her claim before the NPFC 

for lost profits and impairment of earnings capacity, i.e. that she lost rental income as a result of 

the Deepwater Horizon oil spill.13 The NPFC deems the Claimant’s denied GCCF claim to be 

properly presented to the responsible party and properly presented to the NPFC. Accordingly, 

this Claim Summary determination for NPFC Claim N10036-1440 considers and addresses the 

earnings claimed in her claim presented to the responsible party, specifically; GCCF Claim 

#9406240 FRF.

NPFC Determination

Under 33 U.S.C. § 2702(b)(2)(E) and 33 C.F.R. Part 136, a claimant must prove that any loss of 

income was due to injury or destruction or loss of real or personal property or a natural resource 

as a result of a discharge or substantial threat of a discharge of oil. Under 33 C.F.R. § 136.105(a) 

and § 136.105(e)(6), the claimant bears the burden of providing to the NPFC all evidence, 

information, and documentation deemed necessary by the Director, NPFC, to support the claim. 

The NPFC considered all the documentation submitted by the Claimant. 

In connection with a review of this claim, the NPFC sent the Claimant a letter requesting 

additional information in order to further evaluate her claim.14 The letter requested, among other 

things, financial documentation for an accurate accounting of the Claimant’s losses, questions on 

how the oil spill caused the Claimant’s alleged loss, and if they mitigated the damages. The 

letter was sent on 26 September 2011.15 On 12 October 2011, the Claimant telephoned the 

NPFC and requested an emailed copy of the letter which was sent on 12 October 2011.16 To 

date no response has been received by the NPFC.

The NPFC accordingly proceeded to evaluate the claim with the evidence the Claimant had 

originally submitted. The evidence originally submitted to the NPFC is a deed for the property17

6 USPS 7011 1150 0000 4636 2656.

7 Telephone conversation between the Claimant and NPFC staff 12 October 2011. 

8 Read receipt requested email from NPFC staff to the Claimant 12 October 2011. 9 Report from the GCCF dated 06 October 2011.

10 Report from the GCCF dated 06 October 2011. 11 GCCF Denial Letter dated 08 July 2011. 12 GCCF designated as real/personal property and NPFC designation of lost profits and impairment of earnings 

capacity. 

13 The Claimant stated on her GCCF denial dated 08 July 2011 that the determination for real property loss makes 

no sense since her claim to the GCCF was for rental income. 

14 USPS 7011 1150 0000 4636 2656. 15 NPFC certified letter requesting additional information. 16 Read receipt requested email from NPFC staff to the Claimant 12 October 2011. 17 Warranty deed for real property in Panama City Beach Florida dated 15 June 1992. 

 
and the assertions of the Claimant 18 which are insufficient to support the allegation that the 

Claimant lost $8,500.00 in earnings as a result of the Deepwater Horizon oil spill. The Claimant 

has provided no documentation to substantiate her alleged loss of profits and impairment of 

earnings capacity or to show that her alleged loss of earnings was due to the Deepwater Horizon 

oil spill. 

This claim is denied because the Claimant failed to meet her burden to demonstrate (1) that she 

has an alleged loss in the amount claimed, and (2) that her alleged loss is due to the injury, 

destruction or loss of property or natural resources as a result of a discharge or substantial threat 

of a discharge of oil.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 11/3/11

Supervisor’s Actions: Denial approved

Supervisor’s Comments:

18 Letter explaining the claim dated 28 June 2011 addressed to the GCCF, Optional OSLTF claim form dated 17 

September 2011, and Supplemental OSLTF claim form letter dated 28 June 2011.