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 20 December 2011, Scott Shoemake (the Claimant) presented an Optional Oil Spill Liability 

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

$188,269.73 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 worked as a purchasing manager for 

Louisiana System Built Homes, Inc. (LSBH), located in Saint Martinville, Louisiana.1

 LSBH is 

a modular builder that specialized in the manufacturing of residential, commercial, and 

temporary structures.2 Prior to the formation of LSBH in 2007, the Claimant worked full-time as 

a purchasing manager for Offshore Warriors, Inc., located in Lafayette, Louisiana. Offshore 

Warriors provided personnel for offshore, onshore, and logistics operations, as well as, 

transportation logistics and software tracking throughout the Gulf Coast.3

 

The Claimant indicated that Offshore Warriors was the main investor at LSBH’s inception in 

2007 and, due to this business relationship, he was asked to work for LSBH while continuing to 

also work for Offshore Warriors. 4 He continued to work for both companies in 2008 and 2009 

but, in 2010, he was working solely for LSBH. The Claimant asserted that, due to the Deepwater 

Horizon oil spill, Offshore Warriors experienced a significant reduction in business and 

revenue.5

 Due to the reduced stream of revenue, the Claimant stated that Offshore Warriors was 

unable to continue investing in LSBH. Consequently, without investment money from Offshore 

Warriors, LSBH was not able to pay creditors and obligations, nor purchase materials needed to 

1 Letter of claim explanation and damage calculation from the Claimant to “whom it may concern,” undated. 2 Letter of claim explanation and damage calculation from the Claimant to “whom it may concern,” undated.

3 Letter of claim explanation and damage calculation from the Claimant to “whom it may concern,” undated.

4 Letter of claim explanation and damage calculation from the Claimant to “whom it may concern,” undated. 5 Letter of claim explanation and damage calculation from the Claimant to “whom it may concern,” undated.

Claim Number N10036-1618

Claimant Scott Shoemake

Type of Claimant Private (US) 

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $188,269.73

 
construct modular buildings.6

 Ultimately, LSBH went into bankruptcy and all employees were 

laid off, including the Claimant. As well, the Claimant asserted that, because of the losses 

experienced by Offshore Warriors, he was unable to go back to work there once he was laid off 

by LSBH.7

 

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.

(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.

6 Letter of claim explanation and damage calculation from the Claimant to “whom it may concern,” undated. 7 Letter of claim explanation and damage calculation from the Claimant to “whom it may concern,” undated.

 
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 all of the documentation listed in Enclosure 2. 

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 $32,640.00 on 25 October 

2010.8

 The Claimant was assigned Claimant ID # 3285295 and Claim # 341282. The Claimant 

received payment in the amount of $24,100.00 on 29 November 2010.9

 Additionally, the 

Claimant filed an Interim 2 (ICQ22011) claim with the GCCF for loss of earnings in the amount 

of $17.015.76 on 15 April 2011.10 He was assigned Claim # 9356784. The Claimant was 

initially paid $37,024.3211 on 29 November 2011 for the claim and then received an additional 

$9,561.9912 on 29 December 2011 after the GCCF re-reviewed the claim. The Claimant also 

filed three additional claims with the GCCF: a Full Review Final (FRF) claim on 19 July 2011 in 

the amount of $140,987.60 – Claim # 9419994, an Interim IV (ICQ42011) claim on 06 October 

2011 in the amount of $56,886.00 – Claim # 9508119, and an Interim V (ICQ52012) claim on 09 

January 2012 in the amount of $108,444.42 – Claim # 9554416.13 These three claims are still 

under review with the GCCF.14

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 lost his job at LSBH. The NPFC deems that 

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

NPFC.15 Accordingly, this Claim Summary Determination for NPFC claim N10036-1618 

8 Report from the GCCF, dated 16 February 2012. 

9 Notice of Determination for Emergency Advance Payment 

10 Report from the GCCF, dated 16 February 2012. 11 Determination Letter on Interim Payment/Final payment Claim, dated 29 November 2011. 6 12 Re-Review Determination Letter on Interim Payment/Final Payment Claim, dated 29 December 2011. 13 Report from the GCCF, dated 16 February 2012. 14 Report from the GCCF, dated 16 February 2012. 15 The Claimant has been fully satisfied for his EAP and Interim 2 claims; he had a total claimed value of 

$49,655.76 for the two claims and was paid $70,686.31. Thus, the NPFC did not consider those two claims. As 

well, the NPFC did not consider the Claimant’s Interim V claim. In order to have presentment before the NPFC, a 

claim must have either been denied by the RP or not been settled within 90 days; neither of those scenarios has 

occurred for this claim to date. 

 
considers and addresses the losses claimed in the claims presented to the responsible party, 

specifically Claim #’s 9419994 (FRF) and Claim # 9508119 (ICQ42011). 

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.

This claim is denied because (1) some of the Claimant’s alleged damages are for future losses 

and not compensable under OPA, and (2) he failed to prove his alleged loss was due to the 

Deepwater Horizon oil spill. 

Non-Compensable Damages

The Claimant indicated that his claimed damages to the NPFC included the value of his entire 

2012 salary from LSBH.16 However, under 33 CFR § 136.235, “the amount of compensation is 

limited to the actual net reduction or loss of earnings suffered.” 17 Therefore, the Claimant cannot 

be compensated for any prospective damages that might accrue in the future. Consequently, all 

losses for future earnings in 2012 asserted by the Claimant are non-compensable under OPA and 

therefore denied. 

Failure to Prove Causation 

The remainder of this claim is denied because the Claimant failed to prove he experienced a 

financial loss due to the Deepwater Horizon oil spill. The Claimant asserted that he was laid off 

from LSBH because of Deepwater Horizon related losses experienced by Offshore Warriors, 

LSBH’s main investor.18 However, when explaining how the Deepwater Horizon oil spill 

caused Offshore Warriors’ loss, the Claimant indicated that “when the oil spill happened and the 

moratorium was put into place, none of oil companies were drilling new wells in the Gulf that 

needed contract personnel.”19 Consequently, the Claimant failed to prove his alleged loss was a 

result of the Deepwater Horizon oil spill as opposed to other factors such as permitting delays 

and the drilling moratorium, which are considered intervening causes and thus not a consequence 

of the oil spill. 

Furthermore, information acquired by the NPFC indicated that there were other factors involved 

in LSBH’s bankruptcy. The CEO of LSBH, Aubrey Shoemake, indicated that the company’s 

failure occurred due to payments owed to the company by FEMA for over 2 million in 

construction costs regarding “Katrina cottages” being built at St. Martinville’s International 

Trace Center.20 When asked by the NPFC to comment on this information, the Claimant 

16 Letter of claim explanation and damage calculation from the Claimant to “whom it may concern,” undated. 17 Emphasis added. 18 Letter of claim explanation and damage calculation from the Claimant to “whom it may concern,” undated. 19 Claimant’s written responses to the NPFC’s request for additional information, answer to Question 8. 20 “LASBH falls into Chapter 7: Unreliable revenue from FEMA blamed on subcontractors,” The Teche News, 

retrieved on 22 March 2012 from: http://www.techetoday.com/pages/full story/push?articleLASBH+falls+into+Chapter+7+Unreliable+revenue+from+FEMA+blamed+on+subcontractors%20&id=8902963&

instance=secondary news left column

 
admitted that LSBH was already in financial hardship prior to the Deepwater Horizon oil spill, 

but stated his belief was that LSBH would have continued to stay in business with the aid of 

investment from Offshore Warriors.21 Regardless of how much fault is attributed to the delayed 

FEMA payments versus Offshore Warriors lack of investment ability, considering the relation of 

Offshore Warriors’ loss to the moratorium, the Claimant failed to prove that he was laid off due 

to the Deepwater Horizon oil spill. 

This claim is denied because (1) some of the damages presented by the Claimant are not OPA 

compensable and (2) the Claimant failed to meet his burden to demonstrate that the alleged loss 

is due to the injury, destruction n 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: 3/26/12

Supervisor’s Actions: Denial approved

Supervisor’s Comments:

21 Claimant’s written responses to the NPFC’s request for additional information, answer to Question 7+6-

6++5692+62. 

 
Enclosure (2)

Evidence Presented by the Claimant in Support of 

Claim N10036-1618

- Optional Oil Spill Liability Trust Fund Claim Form, dated 08 December 2011;

- 2008 Form 1040 Federal Income Tax Return;

- 2008 Louisiana Nonresident Individual Income Tax Return;

- 2008 Form W-2 Wage and Tax Statement from Premier Staffing, Inc. (1);

- 2008 Form W-2 Wage and Tax Statement from Premier Staffing, Inc. (2);

- 2009 Form 1040 Federal Income Tax Return;

- 2009 Louisiana Individual Income Tax Declaration for Electronic Filing;

- 2009 Form W-2 Wage and Tax Statement from Premier Staffing, Inc. (1);

- 2009 Form W-2 Wage and Tax Statement from Premier Staffing, Inc. (2);

- 2010 Form 1040-V Payment Voucher;

- 2010 Form 1040 Federal Income Tax Return;

- 2010 Louisiana Department of Revenue Individual Income Tax Declaration for 

Electronic Filing;

- 2010 Form W-2 Wage and Tax Statement from Premier Staffing, Inc.;

- 2010 Form 1099-MISC from Deepwater Horizon Oil Spill Trust;

- 2010 Louisiana Workforce Commission Form 1099-G;

- Pay stub summary for Louisiana System Built Homes, Inc. for period 15 January 2008-31 

December 2008;

- Pay stub summary for Louisiana System Built Homes, Inc. for period 15 January 2009-30 

December 2009;

- Pay stub summary for Louisiana System Built Homes, Inc. for period 08 January 2010-06 

August 2010;

- Letter of claim explanation and damage calculation from the Claimant to “whom it may 

concern,” undated; 

- Letter from Louisiana System Built Homes, Inc. to the Claimant dated 16 August 2010;

- Louisiana Workforce Commission Unemployment Benefit Operations Monetary 

Determination for Benefit Year 12 September 2010 to 10 September 2011;

- Louisiana Workforce Commission Unemployment Benefit Operations Monetary 

Determination for Benefit Year 27 November 2011 to 24 November 2012;

- Louisiana Workforce Commission Separation Notice Alleging Disqualification;

- Payroll spreadsheet data regarding calculation of the Claimant’s claimed damages;

- Photocopy of the Claimant’s Louisiana Driver License;

- Document titled ‘Details on Financial Calculations for Lost Earnings for 2010 and 

January-December 2011’;

- GCCF Notice of Determination Emergency Advance Payment dated 29 November 2010;

- GCCF Determination Letter dated 29 November 2011;

- Claimant’s written responses to the NPFC’s request for additional information;

- Photograph of the Claimant’s odometer; 

- Odometer Disclosure Statement, dated 20 July 2009; 

- Google Maps printout of travel directions;

- Letter from the GCCF indicating Guidepost Review; and 

- 2011 Form 1099-G from the Louisiana Workforce Commission.