CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1584

Claimant Randy L. Marin

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $82,000.00

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 18 November 2011, Randy L. Marin (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) for $82,000.00 for loss of profits and impairment of earnings 

capacity resulting from the Deepwater Horizon oil spill. 

The Claimant owns and operates Louisiana Pottery & Wrought Iron in St. Martinville, 

Louisiana.1

 The Claimant supplies pottery to retailers like garden nurseries. One of its 

customers was Rouses Supermarket with a chain of stores in Louisiana and Mississippi.2

 The 

Claimant obtains pottery from Mexico.3

 The Claimant asserted that 90% of sales are retail 

sales to the public.4

 The Claimant states that after the oil spill “tourist sales dropped.”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 

1 Letter from Claimant to the NPFC explaining the claim, undated

2 Handwritten letter received 14 December 2011 from Claimant in response to the NPFC letter requesting 

additional information

3 Based on telephone conversation between the Claimant and the NPFC Claims Adjuster 18 December 

2011

4 Handwritten letter received 14 December 2011 from Claimant in response to the NPFC letter requesting 

additional information

5 Handwritten letter received 14 December 2011 from Claimant in response to the NPFC letter requesting 

additional information

2

 
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 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 Claimant dated 01 November 2011

• Letter from Claimant to the NPFC explaining the claim, undated

• Copies of Louisiana Chauffeur’s License and Social Security Card

• GCCF Deficiency Letter on Interim Payment/Final Payment Claim dated 14 July 

2011

• GCCF Denial Letter on Interim Payment/Final Payment Claim dated 11 August 2011

• GCCF Denial Letter on Interim Payment/Final Payment Claim dated 02 September 

2011

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• Louisiana Resident Income Tax Return for 2007

• IRS Tax Return Transcript Form 1040 for 2008, 2009 and 2010

• Picture post-card for Louisiana Pottery & Wrought Iron

• Handwritten letter received 14 December 2011 from Claimant in response to the 

NPFC letter requesting additional information

• Worksheet prepared by claimant listing monthly revenues for 2009

On 02 December 2011, the NPFC sent the Claimant a letter requesting additional information 

in order to further evaluate the claim. On 14 December 2011, the Claimant responded to the 

request.

Before presenting the claim to the NPFC, the Claimant filed a Full Review Final (FRF) claim 

with the GCCF on 05 July 2011 in the amount of $40,000.00.

6

 The claim was assigned 

Claimant ID # 3528890 and claim # 9410201.

7 The EAP claim was denied on 11 August 

2011.

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

GCCF claim is the same as the subject matter of his claim before the NPFC, i.e., that he lost 

earnings as a result of the Deepwater Horizon oil spill. The NPFC deems the Claimant’s 

denied FRF claim to be properly presented to the responsible party and properly presented to 

the NPFC. Accordingly, this Claim Summary determination for NPFC Claim N10036-1584

considers and addresses the earnings claimed in his claim presented to the responsible party, 

specifically; GCCF Claim # 9410201 FRF.

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. 

Under 33 C.F.R. § 136.103(a), all claims for removal costs or damages must be presented 

first to the responsible party (RP). The Claimant presented a Final Claim in the amount of 

$40,000.00 for loss of profits or impairment of earning capacity to the GCCF. The Claimant 

then presented a claim for loss of profits and impairment of earning capacity in the amount of 

$82,000.00 to the NPFC. Any claimed amount of damages exceeding $40,000.00 was not 

properly presented to the RP/GCCF pursuant to 33 C.F.R. § 136.103(a) and therefore, 

$42,000.00 is denied. 

The Claimant provided insufficient documentation to support his claim of $82,000.00. The 

Claimant stated that a BP Adjuster came up with the amount, “a fair figure.”9

 The Claimant 

did not provide details of his loss computation or any documentation to support his loss 

6 Report from the GCCF dated 19 December 2011

7 GCCF On-Line Status Report 8 GCCF Denial Letter dated 11 August 2011

9 Letter from Claimant to the NPFC explaining the claim, undated

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computation. Also, his claim includes future losses. OPA does not allow the NPFC to 

compensate for any future losses.

The NPFC compared monthly revenues for 2008, 2009 and 2010 based on the income tax 

returns and data provided by the Claimant.10 The comparison showed the Claimant’s 

revenues for each year peak in the spring. It also showed that revenues for 2008, 2009 and 

2010 from May through December (post spill months) remained consistent from year to year.

The Claimant stated that after the oil spill, “tourist sales dropped” and he lost earnings.11 

However, the Claimant provided insufficient documentation to support this statement. The 

NPFC attempted to contact customers the Claimant supplied.

12 One client stated that his 

business was down due to the general economy, not necessarily due to the oil spill. 13 The 

Claimant also stated that his business had begun to compete with foreign suppliers whose 

products were cheaper.14

This claim is denied because the Claimant failed to meet the 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: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 1/5/12

Supervisor’s Action: Denial approved

Supervisor’s Comments: 

10 IRS Tax Return Transcript Form 1040 for 2008, 2009 and 2010 and Worksheet prepared by claimant 

listing monthly revenues for 2009

11 Handwritten letter received 14 December 2011 from Claimant in response to the NPFC letter requesting 

additional information

12 Clients contacted were the Cracked Pot Garden, Rouses Supermarket and Bantings Nursery. These 

clients were provided by the Claimant.

13 Susan Sistrunk, corporate floral director, Rouses Supermarket 18 December 2011 14 Based on telephone conversation between the Claimant and the NPFC Claims Adjuster 18 December 

2011

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