CERTIFIED MAIL-RETURN RECEIPT REQUESTED 5890/DWHZ 

Number: 7011 1570 0001 4802 9716 15 May 2012 

 

Sarah Ney, Esq. 

4008 Royal Street 

New Orleans, LA 70117 

Re: Claim Number: N10036-1689 

Dear Ms. Ney:

The National Pollution Funds Center (NPFC) in accordance with the Oil Pollution Act of 1990, 33 U.S.C. 

§ 2701 et seq. (OPA) and the associated regulations at 33 C.F.R. Part 136, denies payment on your claim 

number N10036-1689 involving the Deepwater Horizon oil spill. Please see the enclosed Claim 

Summary/Determination Form for further explanation. 

You may make a written request for reconsideration of this claim. The reconsideration must be received 

by the NPFC within 60 days of the date of this letter and must include the factual or legal basis of the 

request for reconsideration, providing any additional support for the claim. If, however you find that you 

will be unable to gather particular information within the time period, you may include a request for an 

extension of time for a specified duration with your reconsideration request. 

Reconsideration of the denial will be based upon the information provided. A claim may be reconsidered 

only once. Disposition of that reconsideration in writing will constitute final agency action. Failure of 

the NPFC to issue a written decision within 90 days after receipt of a timely request for reconsideration 

shall, at the option of the claimant, be deemed final agency action. All correspondence should include 

claim number N10036-1689. 

Mail reconsideration requests to:

Director (ca)

NPFC CA MS 7100 

US COAST GUARD

4200 Wilson Blvd, Suite 1000 

Arlington, VA 20598-7100 

Sincerely,

Claims Adjudication Division

National Pollution Funds Center

U.S. Coast Guard 

Copy: Marty Rawlins 

 

USPS Certified Receipt: 7011 1570 0001 2446 3756 

Enclosures: (1) Claim Summary/Determination Form 

U.S. Department of 

Homeland Security

United States

Coast Guard

Director

United States Coast Guard

National Pollution Funds Center

NPFC CA MS 7100

US COAST GUARD

4200 Wilson Blvd., Suite 1000

Arlington, VA 20598-7100

Staff Symbol: (CA)

Phone: 1-800-280-7118

E-mail: arl-pf-npfcclaimsinfo@uscg.mil

Fax: 703-872-6113
CLAIM SUMMARY/DETERMINATION FORM

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 22 February 2012, Sarah Ney, Esq., on behalf of Marty Rawlins (collectively, the Claimant), 

presented an optional Oil Spill Liability Trust Fund (OSLTF) Claim Form to the National 

Pollution Funds Center (NPFC) seeking $40,000.00 in loss of profits and impairment of earnings 

capacity that allegedly resulted from the Deepwater Horizon oil spill.

At the time of the Deepwater Horizon oil spill, the Claimant was employed by Sodexo Remote 

Sites Partnership (Sodexo) as a chef on an operating diving vessel in the Gulf of Mexico.1

 The 

Claimant asserted that he has to resign from his position at Sodexo because of declining health 

caused by the close proximity of his job to oil that leaked from the Deepwater Horizon.2 

Further, the Claimant stated that he was unable to find other work due to the moratorium on 

drilling and was forced to accept a job that paid significantly less than his job at Sodexo.3

 

APPLICABLE LAW

The Oil Pollution Act of 1990 (OPA) provides that each responsible party for a vessel or facility

from which oil is discharged into or upon the navigable waters or adjoining shorelines or 

exclusive economic zone is liable for removal costs and damages. 33 U.S.C. § 2702(a). 

Damages include the loss of profits or impairment of earning capacity due to the injury, 

destruction or loss of real property, personal property, or natural resources, which shall be 

recoverable by any claimant. 33 U.S.C. §2702(b)(2)(E).

The OSLTF, which is administered by the NPFC, is available to pay claims for uncompensated 

damages pursuant to 33 U.S.C. § 2712(a)(4) and § 2713 and the OSLTF claims adjudication 

regulations at 33 C.F.R. Part 136. With certain exceptions a claim must first be presented to the 

1 GCCF Full Review Final Payment Claim Form, dated 18 August 2011.

2 GCCF Full Review Final Payment Claim Form, dated 18 August 2011.

3 Letter from the Claimant to the NPFC, dated 24 January 2012.

Claim Number N10036-1689

Claimant Marty Rawlins 

Type of Claimant Private (US) 

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $40,000.00

 
responsible party. 33 U.S.C. § 2713(a). If the claim is either denied or not settled by any person 

by payment within 90 days after the date on which it was presented, the claimant may elect to 

commence an action in court or present the claim to the OSLTF. 33 U.S.C. § 2713(c).

Pursuant to the claims regulations, 33 C.F.R. § 136.233, a claimant must establish the following 

to prove loss of profits or impairment of earning capacity:

(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 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, destruction or loss of real or personal property or of 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.

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 undertaken, 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

The Claimant’s Submission to the OSLTF

In support of the claim, the Claimant presented the following documentation to the NPFC:

- Optional OSLTF Claim Form, received by the NPFC on 21 February 2012; 

- Letter from the Claimant to the NPFC, dated 14 February 2012;

- Limited Power of Attorney, signed by the Claimant on 14 February 2012; 

- Letter from the Claimant to the NPFC, dated 24 January 2012; 

- Letter from the Claimant to the GCCF, dated 09 November 2011; 
- GCCF Full Review Final Payment Claim Form, dated 18 August 2011; 

- Letter from the GCCF to the Claimant, dated 12 April 2011; 

- Denial Letter from the GCCF, dated 08 December 2010; 

- Denial Letter on Interim Payment/Final Payment Claim, dated 02 September 2011; 

- Paystubs from Gott Gourmet Café, LLC for the period: 13 September 2010 through 20 

July 2011;

- Paystubs for the period: 04 January 2010 through 25 August 2010; 

- 2010 Form W-2 from Sodexo Remote Sites Partnership; 

- 2010 Form W-2 from CAPS, Inc.; 

- 2009 Form W-2 from Sodexo Remote Sites Partnership; 

- 2010 Form W-2 from Delta Administrative Services 03; 

- Various internet articles regarding the Deepwater Horizon oil spill. 

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

(EAP) claim with the GCCF for loss of earnings in the amount of $18,000.00 on 20 October 

2010.4

 The Claimant was assigned Claimant ID # 3234858 and Claim # 290256. The Claimant 

also filed a Full Review Final Claim (FRF) claim with the GCCF for loss of earnings in the 

amount of $40,000.00 on 27 August 2011; he was assigned Claim # 9446728.5 Both of these 

claims were denied by the GCCF.6

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

Claimant’s GCCF claims is the same as the subject matter of his claim before the NPFC, i.e., that 

due to the Deepwater Horizon oil spill, the Claimant was forced to quit his job due to health 

issues caused by spilt oil. The NPFC deems that the Claimant’s GCCF claims were properly 

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

Summary Determination for NPFC Claim N10036-1689 considers and addresses the earnings 

claimed in the claims presented to the responsible, specifically; GCCF Claim #’s 290256 (EAP) 

and 9446728 (FRF).

NPFC Determination

The claim is denied. Under 33 U.S.C. § 2712 (b), private OSLTF claimants may only recover 

for damages to real or personal property, subsistence use and profits or earning capacity due to 

the injury, destruction or loss of natural resources. Personal injury damages are not recoverable 

under OPA and the associated regulations at 33 C.F.R. 136.

Based on the information provided by the Claimant to the NPFC, the Claimant’s alleged loss in 

the amount of $40,000 stems entirely from personal injuries caused by his alleged exposure to oil 

released from the Deepwater Horizon. Although the Claimant’s claimed damages are for loss of 

earnings instead of medical damages, because the Claimant’s asserted loss stems entirely from 

his alleged personal injuries, and because damages from these types of injuries do not fall within 

the purview of OPA, the Claimant’s loss is not compensable under the OSLTF. 

Alternately, the Claimant also asserts a connection between his alleged loss and the moratorium on 

drilling. However, factors such as permitting delays and the drilling moratorium are considered 

4 Report from the Transition Program, dated 01 May 2012. 

5 Report from the Transition Program, dated 01 May 2012. 

6 Report from the Transition Program, dated 01 May 2012. 

 
intervening factors and thus not a consequence of the oil spill. Therefore, even if the Claimant’s 

damages were not ultimately based on personal injuries, the Claimant would have still failed to prove 

that his alleged loss was a result of the Deepwater Horizon oil spill. 

This claim is denied because (1) the Claimant’s asserted damages are for a personal injury and thus 

non OPA compensable, and (2) the Claimant failed to meet his burden to demonstrate that the 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 Review: 5/15/12

Supervisor’s Actions: Denial approved

Supervisor’s Comments: