CLAIM SUMMARY / DETERMINATION FORM

Claim Number N10036-1662

Claimant Genie Abrams

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $15,000.00

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 

certain individual and business claims on behalf of BP. 

CLAIM AND CLAIMANT

On 01 February 2012, Genie Abrams (Claimant) presented an optional Oil Spill Liability Trust 

Fund (OSLTF) claim form seeking $15,000.00 for loss of profits and impairment of earnings 

capacity to the National Pollution Funds Center (NPFC) alleging damages resulting from the 

Deepwater Horizon oil spill. 

The Claimant works as an independent contractor for various currier jobs around Mobile 

Alabama. 1 The Claimant uses the name “Rush Delivery Services”2 and also provided invoices 

with the name “Hackbarth Delivery Services.”3 The Claimant alleges that he lost business as a 

result of the Deepwater Horizon oil spill. 4

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 Letter from Claimant dated 01 December 2011. 

2 Letter from Claimant dated 01 December 2011 under Claimant’s name. 

3 Invoices dated 15 April 2010, 13 April 2010, 12 April 2010, and 11 March 2010. 4 Letter from Claimant dated 01 December 2011 and Optional OSLTF claim form undated. 

 
(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 his claim, the Claimant submitted:

- Optional OSLTF claim form undated

- Letter of explanation from the Claimant dated 01 December 2011

- January 2008 through December 2010 Profit and Loss Statements for Rush Delivery 

Service

- City of Mobile application for business license and/or tax account

- Zoning Certification for Rush Delivery Service dated 20 November 2007

- State of Alabama Drivers License copy

- 6 invoices for various companies all dated for 2010 

- Choice Logistics Driver Delivery Sheet dated 10 March 2010

- Route 2 Weekly Invoices from 2008 through 2010

The Claimant seeks lost profits and impairment of earnings capacity in the amount of 

$15,000.00.

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

(EAP) with the GCCF on 16 November 2010 in the amount of $10,000.00.5 He was assigned 

5 Report from the GCCF dated 21 February 2012. 

 
Claimant ID #3403562 and claim #477100 and was denied.6 Additionally, the Claimant filed a 

Final claim (FC1) with the GCCF on 07 December 2010 for $50,000.00.7 He was assigned claim 

# 9068292 and was denied.8 The Claimant filed a Full Review Final claim (FRF) on 04 January 

2011 in an undisclosed amount.9 He was assigned claim #9133035 and was denied.10 The 

Claimant further filed an Interim 4 claim (ICQ42011) on 21 October 2011 in the amount of 

$25,000.00.11 He was assigned claim #9496619 and was denied.12 Lastly the Claimant filed a 

Final claim (FC2) on 21 October 2011 in the amount of $50,000.00.13 He was assigned claim 

#9498330 and was denied.14

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

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

earnings/profits as a result of the Deepwater Horizon oil spill due to impacts upon his delivery 

service. The NPFC deems each of Claimant’s 5 denied GCCF claims to be properly presented to 

the responsible party and properly presented to the NPFC. Accordingly, this Claim Summary 

determination for NPFC Claim N10036-1662 considers and addresses the earnings claimed in all 

of the 5 claims presented to the responsible party, specifically; GCCF Claim #’s 477100 (EAP), 

9068292 (FC1), 9133035(FRF), 9496619 (ICQ42011), and 9498330 (FC2).

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 NPFC considered all the documentation submitted by the Claimant. 

Here, in order to prove a claim for loss of profits and impairment of earning capacity damages, a 

claimant must provide documentation sufficient to prove (1) that the claimant sustained an actual 

financial loss, and (2) that the loss was caused by the discharge of oil resulting from the 

Deepwater Horizon oil spill. 

On 30 March 2012, the NPFC sent a letter to the Claimant requesting additional information in 

order to further evaluate the claim.15 The Claimant did not respond to the request. The letter 

was sent Certified Mail Return Receipt Requested. The USPS Tracking site showed the letter 

was delivered 11 April 2012.16 The Claimant called the NPFC on 30 April 2012 and asked for an 

extension to mail in the requested information; NPFC staff granted him the extension. However 

the Claimant has not sent in the documentation nor returned the NPFC’s calls on 14 May 2012 

and 29 May 2012, thus the NPFC is proceeding to a determination on the merits. 

Regarding the alleged loss of $15,000.00 submitted to the NPFC, the Claimant provided their 

January 2008 through December 2011 profit and loss statements. The Claimant’s profit and loss 

6 Report from the GCCF dated 21 February 2012.

7 Report from the GCCF dated 21 February 2012.

8 Report from the GCCF dated 21 February 2012. 9 Report from the GCCF dated 21 February 2012.

10 Report from the GCCF dated 21 February 2012. 11 Report from the GCCF dated 21 February 2012. 12 Report from the GCCF dated 21 February 2012. 13 Report from the GCCF dated 21 February 2012. 14 Report from the GCCF dated 21 February 2012. 15 NPFC request for additional information dated 30 March 2012. 16 USPS tracking 7011 1570 0001 2446 3084.

 
statements show he earned negative $749.00 in 2008, positive $407.96 in 2009, and negative 

$1,817.00 in 2010.17 The NPFC requested copies of the Claimant’s business tax returns via 

certified letter dated 30 March 2012.18 However the Claimant did not submit the requested 

documentation. Based on the profit and loss statement submitted, the Claimant has not 

established damages in the claimed amount of $15,000.00. 

Regarding causation, the Claimant works for Rush Delivery Services as an independent 

contractor19and asserts that he lost wages and hours due to the Deepwater Horizon oil spill.20

However, the Claimant has provided no documentation evidencing his alleged loss of profits was 

caused by the spill. As such, the Claimant has not established by a preponderance of the 

evidence that his alleged loss of earnings was due to the oil spill.

Accordingly, this claim is denied because the Claimant failed to meet his burden to demonstrate 

(1) that he has an alleged loss in the amount claimed, and (2) that his 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: 6/7/12

Supervisor’s Actions: Denial approved

Supervisor’s Comments:

17 Claimant’s profit and loss statements for January 2008 through December 2010. 18 NPFC’s request for additional information dated 30March 2012. 19 2008 through 2010 profit an loss statements for Rush Delivery Services. 20 Optional OSLTF claim form undated.