CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1499

Claimant Mr. Raymond Carrizales

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $2,599.75

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 13 October 2011, Mr. Raymond Carrizales (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) seeking $2,599.75 in loss of profits and impairment of earning 

capacity damages resulting from the Deepwater Horizon oil spill. 1

The Claimant was hired to work as a shrimp processor at Tex Mex Cold Storage in Brownsville, TX 

on 16 August 2010.2

 The Claimant was let go on 29 March 2011, allegedly as a result of the 

Deepwater Horizon oil spill. 3 The Claimant alleged that “due to the oil spill, [the Claimant’s] hours 

at were cut and finally [the Claimant] lost [his] job.”4

The Claimant alleged to have sustained a loss of income in the amount of $2,599.75 due to the loss of 

his position.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 § 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.

(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.

1 Optional OSLTF Claim Form, dated 19 September 2011. 2 PHONECON: NPFC Staff and Human Resources representative, Tex Mex Cold Storage, 19 October 2011.

3 PHONECON: NPFC Staff and Human Resources representative, Tex Mex Cold Storage, 19 October 2011.

4 Optional OSLTF Claim Form, dated 30 September 2011. 5 Optional OSLTF Claim Form, dated 30 September 2011.

 
(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 this claim, the Claimant submitted the following documentation:

• Optional OSLTF Claim Form, dated 13 October 2011;

• GCCF Expiration of Re-Review Option for Determination Letter on Interim Payment/Final 

Payment Claim, 7 September 2011;

• Tex Mex Cold Storage, Inc., Payroll Transaction Detail, January – March 2011;

• Fax Cover Sheet, undated;

• NPFC request for additional information, annotated by the Claimant;

• Letter from the Claimant’s employer regarding the reasons for the Claimant’s lay off, 8 

November 2011;

• GCCF Loss Calculation page;

• 2010 Form 1040EZ;

• Tex Mex Cold Storage, Inc., Payroll Transaction Detail, January – March 2011.

On 16 July 2011, the Claimant submitted a Full Review Final (FRF) Claim to the RP/GCCF, seeking 

loss of profits and earning damages in the amount of $4,939.00.6

 The Claimant was assigned 

claimant ID 3491268, and the FRF claim was assigned claim # 9240338. The GCCF issued a 

determination on this claim, in which they found that the Claimant did not sustain a loss in the 

months following the Deepwater Horizon oil spill.7

On 9 November 2011, the Claimant presented this claim to the NPFC, seeking $2,599.75 in loss of 

profits damages. Because this claim has been first presented to the RP/GCCF in an amount greater 

6 GCCF United States Coast Guard Report, 21 November 2011.

7 GCCF United States Coast Guard Report, 21 November 2011.

 
than the amount now before the NPFC, OPA’s claim presentment requirements have been met, and 

the NPFC may properly adjudicate this claim in its entirety.8

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, 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 this claim.

This claim is denied because the Claimant has failed to demonstrate that he sustained an actual 

financial loss as a result of the Deepwater Horizon oil spill.

According to a letter provided by the owner of the Claimant’s former place of employment, the 

employer “offers seasonal jobs.”9

 The employer indicated that the season “picks up in the month of 

August” and “starts to slow down in the month of February.”10 The Claimant was hired in August of 

2010 and let go in March of 2011.11 Therefore, it appears that the Claimant was hired for the 2010 

season and was let go at the end of the season. The Claimant has not provided documentation that 

would indicate that the Claimant was let go in March of 2011 due to the discharge or substantial 

threat of discharge of oil resulting from the Deepwater Horizon oil spill, and not because of the 

seasonal nature of the Claimant’s employment.

Should the Claimant chose to pursue this claim on reconsideration, the Claimant must provide 

documentation to show that the Claimant was not hired to a seasonal position, but that he would have 

been a year-round employee had the oil spill not occurred. Alternatively, the Claimant must show 

how his seasonal work was affected by the Deepwater Horizon oil spill. Furthermore, as indicated in 

the NPFC’s request for additional information, the Claimant should provide documentation to show 

how his former employer was affected by the Deepwater Horizon oil spill, and that the oil spill 

continued to affect the company into the 2011 season, when the Claimant was let go.12

This claim is denied because the Claimant has not demonstrated that the losses the Claimant alleged 

to have incurred were 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.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 11/28/11

Supervisor’s Action: Denial approved

Supervisor’s Comments: 

8 33 C.F.R. 136.103(a).

9 Letter from the Claimant’s employer regarding the Claimant’s loss of employment, 8 November 2011. 10 Letter from the Claimant’s employer regarding the Claimant’s loss of employment, 8 November 2011. 11 PHONECON: NPFC Staff and Human Resources representative, Tex Mex Cold Storage, 19 October 2011. 12 NPFC Request for Additional Information, dated 25 October 2011. The Claimant responded to the letter on 9 

November 2011, but failed to respond to these particular requests.