CLAIM SUMMARY / DETERMINATION FORM

Claim Number N10036-1467

Claimant Chanel Farria

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $40,000.00

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 04 October 2011, Chanel Farria (Claimant) presented an optional Oil Spill Liability Trust 

Fund (OSLTF) claim form to the National Pollution Funds Center (NPFC) seeking $40,000.00 

for loss of profits and impairment of earnings capacity allegedly resulting from the Deepwater 

Horizon oil spill. 

The Claimant worked for New Orleans Job Corps as a reading, math, and culinary vocation 

teacher.

1

 The Claimant helped train individuals to enter the job market, go to school, or go into 

the military for a career.2

 The Claimant alleged that the New Orleans Job Corps could not place 

students in the culinary arts because of the disruption to seafood and decreased demand for 

restaurant and culinary services in New Orleans.3

 The Claimant asserted a reduction in students 

being placed in jobs which led to the termination of the Claimant at the Job Corps. The Claimant

then collected unemployment from the State of Louisiana.

4

 The Claimant alleged impairment of

earnings based on her loss of employment with New Orleans Job Corps.5

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:

1 Letter from the Claimant dated 10 November 2010. 2 Screenshot of New Orleans Job Corps website. 

3 Letter from the Claimant dated 10 November 2010. 

4 Unemployment benefits screenshot. 

5 Optional OSLTF claim form dated 26 September 2011. 

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

destroyed, or lost.

(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, the Claimant submitted:

1) Optional OSLTF claim form dated 26 September 2011. 

2) Letter from the Claimant dated 10 November 2010 

3) Letter from the Claimant dated 04 October 2011

4) Letter from the Claimant dated 04 August 2011

5) Employees income from 01 March 2010 through 30 April 2010

6) Career Transition System from 01 June 2010 through 01 December 2010

7) Career Transition System from 01 July 2009 through 01 December 2009 

8) Career Transition System from 01 May 2010 through 31 May 2010

9) GCCF form 2000-C claim form 

10) New Orleans Job Corps screenshot

11) List of Benefit Payments (unidentified source) from 31 July 2010 through 16 October 

2010

12) Response to NPFC request for additional information questions dated 31 October 2011
13) Tax Return Comparison for 2008 and 2009

14) 2010 W-2 from Choice Foundation 

15) 2010 W-2 from Westaff USA, Inc. 

16) 2010 W-2 Career Systems Development Corp

17) 2010 1099-G from Louisiana Workforce Commission 

Claimant seeks lost profits and impairment of earnings capacity in the amount of $40,000.00.

Prior to presenting her claim to the NPFC, the Claimant filed an Emergency Advance Payment 

(EAP) with the GCCF on 05 October 2010 in the amount of $20,000.00.6

 She was assigned 

Claimant ID #3098664 and claim #153251. This claim was denied on 02 November 2010.7

Additionally, the Claimant filed an Interim claim (ICQ32011) on 19 August 2011 in the amount 

of $40,000.00. She was assigned claim #9440418. The claim is still under review by the 

GCCF.8

 The Claimant filed a Full Review Final claim (FRF) on 04 November 2010 with GCCF 

#9038114 for $20,000.00. This claim is currently under review by the GCCF.9

 

Based upon the evidence provided by the Claimant, it appears that the subject matter for each of 

the GCCF claims is the same as the subject matter of her claim before the NPFC, i.e., that she 

lost earnings as a result of the Deepwater Horizon oil spill. The NPFC deems each of Claimant’s 

three submitted GCCF claims to be properly presented to the responsible party and properly 

presented to the NPFC. Accordingly, this Claim Summary determination for NPFC Claim 

N10036-1467 considers and addresses the earnings claimed in the three claims presented to the 

responsible party, specifically; GCCF Claim #’s 153251 (EAP), 9440418 (ICQ32011), and 

9038114 (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 the alleged damages of $40,000.00,

10 the NPFC requested tax returns for 

2008 through 2010 in order to have a comparison of historical earnings.11 The Claimant 

responded to the questions asked by the NPFC via certified letter12; however as of the date of 

this determination, the Claimant has not provided any of her tax returns for 2008 through 2010. 

The Claimant provided three W-2s13 for 2010 totaling $11,659.1614 and a 2010 1099-G for 

unemployment in the amount of $2,401.00.15 Based on the documentation provided by the 

Claimant, the NPFC is unable to compare actual earnings of 2010 to prior years earnings. 

6 Report from the GCCF dated 02 November 2011. 

7 GCCF Denial Letter dated 02 November 2010. 

8 Report from the GCCF dated 02 November 2011. 

9 Report from the GCCF dated 02 November 2011. 

10 Optional OSLTF claim form dated 26 September 2011. 11 NPFC request for additional documentation number two. 12 USPS 7011 1150 0000 4636 4940. 13 (1) Choice Foundation $6,884.16 (2) Westaff USA Inc. $230.00 (3) Career Systems Development Corp 

$4,545.00. 

14 $6,884.16 plus $230.00 plus $4,545.00 equals $11,659.16. 15 2010 form 1099-G from Louisiana Workforce Commission.

 
Accordingly, the Claimant has not established her sum certain as presented to the NPFC by a 

preponderance of the evidence. 

The Claimant alleges that the Deepwater Horizon oil spill caused a “hiring freeze” on the 

Louisiana culinary industry for restaurants, hotels etc.16 The Claimant worked for New Orleans 

Job Corps which trains individuals to find employment.17 The Claimant asserted that students 

could not be placed in jobs, thus she was terminated from the Job Corps in May 2010.18 

The NPFC sent a certified letter dated 06 October 2011 and asked the Claimant for a letter from 

her employer stating the cause of her termination.19 The Claimant responded 07 November 2011 

and stated that the New Orleans Job Corps was not at liberty to provide her with the requested 

letter.20 NPFC staff tried to contact the New Orleans Job Corps on 09 and 10 November 2011. 

NPFC staff left two messages to return the calls 09 and 10 November 2011. As of the date of 

this determination, the New Orleans Job Corps has not returned any of the phone calls. As such, 

the Claimant has not provided any documentation that would support her assertion of a New 

Orleans “hiring freeze” or the impact of the Deepwater Horizon oil spill upon her job with the 

Job Corps. Based on the foregoing, the Claimant has not established by a preponderance of the 

evidence that her alleged loss of earnings was due to the 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: 11/15/11

Supervisor’s Actions: Denial approved

Supervisor’s Comments:

16 Letter from the Claimant dated 10 November 2010. 17 Letter from the Claimant dated 10 November 2010. 18 Letter from the Claimant dated 10 November 2010. 19 USPS 7011 1150 0000 4636 4940. 20 Response to the NPFC request for additional information dated 31 October 2011.