CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1458

Claimant Tammy Lynn Jones

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $20,000.00

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 

claims for certain individual and business claims on behalf of BP.

CLAIM AND CLAIMANT

On 30 September 2011, Tammy Lynn Jones (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) for $20,000.00 for loss of profits and impairment of earnings 

capacity resulting from the Deepwater Horizon oil spill. 

The Claimant was employed in the accounting department of Coastal Cargo Shipping. The 

Claimant states that due to the Deepwater Horizon oil spill, Coastal Cargo Shipping let several 

employees go including the Claimant.1 The Claimant provided insufficient documentation to 

fully describe her claim. 

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.

(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 

1 Letter from Claimant explaining the claim. Letter is undated. Internet shows a Coastal Cargo in New Orleans.

 
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, Claimant submitted the following documentation:

• OSLTF Claim Form signed by the Claimant 20 September 2011

• Letter from Claimant explaining the claim. Letter is undated.

• GCCF Denial Letter for Interim/Final Claim dated 19 August 2011

On 03 October 2011, the NPFC sent the Claimant a letter requesting additional information in 

order to further evaluate the claim. USPS Tracking shows the letter was delivered 07 October 

2011.2 The Claimant did not respond to the request.

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

(EAP) with the GCCF. The claim was assigned Claimant ID #3327098 and claim #384896. The 

EAP claim was denied on 06 December 2011.

3

 Additionally, Claimant filed an Interim Payment

(ICQ32011) claim with the GCCF.4

 The claim was assigned claim #9437245.

5

 The ICQ32011

claim was denied on 19 August 2011.

6

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

GCCF claims are the same as the subject matter of the claim before the NPFC, i.e., Claimant lost 

earnings as a result of the Deepwater Horizon oil spill. The NPFC has not been able to confirm 

the amount of either the EAP or ICQ32011 claims as of the date of this determination. The 

2 USPS Tracking Receipt 7011 1150 0000 4636 2977

3 GCCD Denial Letter dated 06 December 2010 4 GCCF On-Line Claim Status dated 28 October 2011 5 GCCF On-Line Claim Status dated 28 October 2011 6 GCCF Denial Letter dated 19 August 2011

 
NPFC deems the GCCF claims to be properly presented to the Responsible Party. To the extent 

the amount of the claims presented to the Responsible Party are equal to or greater than the 

amount currently presented to the NPFC, the subject claim is properly presented to the NPFC. 

Accordingly, this Claim Summary Determination for NPFC Claim N10036-1458 considers and 

addresses the loss of earnings up to the amount of $20,000.00 for all claims presented to the 

Responsible Party, specifically: GCCF Claim #384896 EAP and #9437245 ICQ32011.

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 Claimant did not provide any documentation to support the amount of her alleged loss of 

earnings and that her alleged loss was due to the Deepwater Horizon oil spill. The NPFC Claims 

Adjuster attempted to contact the Claimant. The NPFC Adjuster left two voice messages on 25 

and 27 October 2011. The Claimant did not return the messages.

7

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

was an alleged loss in the amount claimed, and (2) 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: Claims Adjudication Division

Date of Supervisor’s Review: 09 November 2011

Supervisor’s Action: Denial approved

Supervisor’s Comments:

7 NPFC Claims Adjuster telephoned the Claimant on 25 and 27 October 2011 and left voice messages. The 

Claimant never returned the phone calls.