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 14 December 2011, Latonya Crenshaw, (the Claimant), presented an Optional Oil Spill 

Liability Trust Fund (OSLTF) Claim Form to the National Pollution Funds Center (NPFC) 

seeking $4,000.00 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 the Mobile Young 

Women’s Christian Association (YWCA).1

 The Claimant asserts that due to the Deepwater 

Horizon oil spill she lost her job on 20 May 2010.

2

 As a result, she contends that she suffered 

reduced income. 3

The Claimant did not provide an explanation regarding the calculation of her sum certain of 

$4,000.00.

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 Mobile Young Women’s Christian Association pay stubs dated: 31 May 2010, 15 January 2010, 14 May 2010, 29 

January 2011.

2 Optional OSLTF Claim Form received 14 December 2011.

3 Optional OSLTF Claim Form received 14 December 2011.

Claim Number N10036-1607

Claimant Latonya Crenshaw 

Type of Claimant Private (US) 

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $4,000.00

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

- Optional OSLTF Claim Form received 14 December 2011;

- 2010 Form 1040 Individual Tax Return;

- GCCF Claim Form 2000-C;

- GCCF letter dated 29 January 2011

- Mobile Young Women’s Christian Association pay stub dated: 31 May 2010, 15 January 

2010, 14 May 2010, 29 January 2010;
- 2010 Form 8879 IRS e-file Signature Authorization;

- Alabama Department of Industrial Relations Weekly Claims System – Status 

Certification Information dated 14 September 2010;

- Photocopies of Social Security card and Alabama drivers license;

- Letter from Claimant dated 18 November 2010;

- Alabama Power Company bill dated 12 November 2010;

- GCCF Claim Form 2000-1 dated 04 January 2011;

- Mobile Young Women’s Christian Association letter;

- 2010 Form 1040A Individual Tax Return;

- 2010 Form AL8453

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

(EAP) Claim with the GCCF for loss of profits and impairment of earnings capacity on 17 

November 2011 in the amount of $2,000.00.4 The Claimant was assigned GCCF Claimant ID # 

3408017 and GCCF Claim # 483163. The EAP Claim was denied on 09 December 2010.5

 The 

Claimant also filed an Interim Payment Claim Quarter I 2011 (ICQ12011) Claim with the GCCF 

for loss of profits and impairment of earnings capacity on 05 January 2011 in the amount of 

$10,500.00.6

 The Claimant was assigned Claim ID # 9165561. The ICQ12011 was denied on 

16 April 2011.7

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

Claimant’s GCCF claims is the same as the claim before the NPFC, in that the Claimant is 

seeking $4,000.00 in loss of profits and impairment of earnings capacity that allegedly resulted 

from the Deepwater Horizon oil spill. The NPFC deems that the Claimant’s GCCF claims was 

properly presented to the RP and properly presented to the NPFC. Accordingly, this Claim 

Summary Determination for NPFC claim N10036-1607 considers and addresses the claim 

presented to the responsible party up to $4,000.00; specifically, GCCF Claim ID’s # 483163 

(EAP) and # 9165561 (ICQ12011).

NPFC Determination

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 the 

Claimant.

The Claim is denied because the Claimant fails to prove that the alleged loss in the amount of 

$4,000.00 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.

The Claimant asserts she was laid-off from her job at the Mobile YWCA because the YWCA 

went out of business and closed,8 and she subsequently suffered reduced income.9 The NPFC 

4 Report from the GCCF dated 01 February 2012.

5 GCCF Denial Letter dated 09 December 2010.

6 Report from the GCCF dated 01 February 2012.

7 GCCF Denial Letter dated 16 April 2011.

8 Letter from Claimant dated 18 November 2010.

 
contacted the Mobile YWCA to verify the Claimant’s assertions and connect her loss to the 

Deepwater Horizon oil spill.10 The Mobile YWCA stated that they did not close and had 

continuously operated in Mobile with no apparent impact from the Deepwater Horizon oil spill.11 

Accordingly, there is no indication that the Deepwater Horizon oil spill had any impact on the 

Claimant’s employment at the Mobile YWCA.

Under 33 C.F.R. 136.9, persons submitting false claims or making false statements in connection 

with claims under this part may be subject to prosecution under Federal law, including but not 

limited to 18 U.S.C. 287 and 1001. In addition, persons submitting written documentation in 

support of claims under this part which they know, or should know, is false or omits a material 

fact may be subject to a civil penalty for each claim.

The Claimant’s request for $4,000.00 is denied because the evidence presented by the Claimant 

vice the information provided by the Claimant’s former employer demonstrates evidence of a 

material misrepresentation of fact in order for the Claimant to try to obtain funds from the 

Federal Government under false pretenses.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Review: 2/10/12

Supervisor’s Actions: Denial approved

Supervisor’s Comments:

9 Optional OSLTF Claim Form received 14 December 2011; letter from Mobile Womens Christian Association 

[undated].

10 PHONECON between the NPFC and Mobile YWCA dated 07 February 2012. 11 Email from Mobile YWCA dated 07 February 2012.