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 17 November 2011, Sharon B. Dorthey (the Claimant) presented an optional Oil Spill Liability Trust 

Fund (OSLTF) Claim Form to the National Pollution Funds Center (NPFC) seeking $10,000.00 in loss of 

profits and impairment of earnings capacity that allegedly resulted from the Deepwater Horizon oil spill.

The Claimant asserts that she lost income as a Demo Rep at Sam’s Club in the New Orleans area as a 

result of the Deepwater Horizon oil spill.1

 The Claimant states that the company started to drop hours 

and cut back days after the spill.2

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 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.

1 Claimant’s optional OSTLF claim form dated 3 November 2011. 

2 Claimant’s optional OSTLF claim form dated 3 November 2011. 

Claim Number N10036-1565

Claimant Sharon B. Dorthey 

Type of Claimant Private (US) 

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $10,000.00

 
(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 her claim, the Claimant presented the following documentation to the NPFC:

- Optional OSLTF Claim Form, dated 3 November 2011;

- Pay stubs from Advantage Sales and Marketing, LLC dated 6/11/2010, 6/25/2010, 7/9/2010, 

8/6/2010, 8/5/2011, 8/19/2011, 10/14/2011, 10/28/2011;

- Letter from the Claimant dated 11/3/2011;

- Copy of 2010 W-2 form.

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

claim with the GCCF for loss of earnings on 27 August 2010 in the amount of $10,000. The Claimant 

was assigned Claimant ID # 3042771 and Claim # 96211. The EAP claim was denied by the GCCF. The 

Claimant also filed two Interim Payment claims for loss of income; Claim # 9211791 (ICQ12011) for 

$8,000.00, and Claim # 9438399 (ICQ32011) for $8,000.00. Both of these claims were denied by the 

GCCF. 3

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

GCCF claims regarding loss of earnings 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 experienced reduced earnings. The NPFC 

3 GCCF claim information is from a GCCF claim status report dated 1 February 2012.

 
deems that Claimant’s GCCF claims were properly presented to the RP and properly presented to the 

NPFC. Accordingly, this Claim Summary Determination for NPFC claim N10036-1565 considers and 

addresses the earnings claimed in the claims presented to the responsible party; specifically GCCF Claim 

#’s 96211 (EAP), 9211791 (ICQ12011), and 9438399 (ICQ32011). 

NPFC Determination

The claim is denied. 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 documentation presented by Claimant.

This claim is denied because the Claimant has neither established that she experienced a financial loss nor 

proved that any alleged losses were due to the Deepwater Horizon oil spill. 

In support of her claim, the Claimant submitted only the optional OSLTF claim form, pay stubs from 

various periods of time after the Deepwater Horizon oil spill, and a single W-2 from 2010. On 1 

December 2011, the NPFC requested additional information from the Claimant to substantiate her claim. 

The NPFC requested documentation, such as full and complete federal income tax returns for 2008 to 

2010, paystubs for all employment from 2008 to 2010, and a letter from her employer explaining how the 

company was affected by the oil spill. To date, the Claimant has not responded to this request. The 

Claimant failed to provide sufficient documentation supporting the claim and has not explained how she 

arrived at the claim amount of $10,000.00.

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

loss in the amount claimed and (2) failed to meet her 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 Supervisor’s Review: 2/8/12

Supervisor’s Action: Denial approved

Supervisor’s Comments: