CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1572

Claimant Vincent Marquis

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $12,000.00

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 20 November 2011, Mr. Vincent Marquis (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) seeking $12,000.00 in loss of profits damages resulting from the 

Deepwater Horizon oil spill. 1

At the time of the oil spill, the Claimant was working at the Wine Cellar Restaurant in Indian Rocks 

Beach, Florida as a waiter/caterer/manager.2 According to his submission, the Claimant had been in 

this position for six (6) years.3

 The Claimant alleged that his working hours were reduced, and he 

was eventually let go in July of 2011 because “our restaurant depends on tourism and after the spill, 

the restaurant has been very slow.”4 He goes on to state that he “tried to pick up more shifts, but there 

was no money to be made after the spill.”5

The Claimant alleged that the lack of business resulting from the oil spill caused him to sustain an 

uncompensated loss of $12,000.00 in earnings, which the Claimant now seeks from the OSLTF.6

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.

1 Optional OSLTF Claim Form, signed on 6 November 2011. 

2 Optional OSLTF Claim Form, signed on 6 November 2011.

3 Optional OSLTF Claim Form, signed on 6 November 2011.

4 Optional OSLTF Claim Form, signed on 6 November 2011.

5 Optional OSLTF Claim Form, signed on 6 November 2011.

6 Optional OSLTF Claim Form, signed on 6 November 2011.

 
(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, the Claimant submitted the following documentation:

• Optional OSLTF Claim Form, received on 20 November 2011;

• Response to NPFC request for additional information, received on 29 December 2011;

• Authorization from the Claimant for the NPFC to request GCCF submission, undated;

• Letter from the Claimant’s employer, 29 December 2011;

• 2010 Form W2, showing earnings of $22,912.39;

• 2009 Form W2, showing earnings of $32,062.34;

• 2006 Form W2, showing earnings of $33,454.35;

• Payroll stubs for the following dates and in the following amounts:

1. 5/18/2011 – 5/31/2011 - $477.42

2. 5/4/2011 – 5/17/2011 - $521.72

3. 4/20/2011 – 5/3/2011 - $546.26

4. 3/23/2011 – 4/5/2011 - $662.64

5. 3/9/2011 – 3/22/2011 - $588.87

6. 2/23/2011 – 3/8/2011 - $933.09

7. 2/9/2011 – 2/22/2011 - $822.54

8. 1/26/2011 – 2/8/2011 - $769.58

9. 1/12/2011 – 1/25/2011 - $576.76

10. 12/29/2010 – 1/11/2011 - $657.07

11. 12/15/2010 – 12/28/2010 - $591.43
12. 12/1/2010 – 12/14/2010 - $815.85

13. 11/17/2010 – 11/30/2010 - $521.29

14. 11/3/2010 – 11/16/2010 - $893.91

15. 10/20/2010 – 11/2/2010 - $448.15

16. 10/6/2010 – 10/19/2010 - $694.44

17. 9/8/2010 – 9/21/2010 - $579.79

18. 9/22/2010 – 10/5/2010 - $724.88

19. 8/25/2010 – 9/7/2010 - $715.60

20. 8/11/2010 – 8/24/2010 - $564.69

21. 7/28/2010 – 8/10/2010 - $319.06

22. 7/14/2010 – 7/27/2010 - $470.30

23. 6/30/2010 – 7/13/2010 - $515.95

24. 6/16/2010 – 6/29/2010 - $498.94

25. 6/30/2010 – 7/13/2010 - $515.95

26. 4/21/2010 – 5/4/2010 - $930.98

27. 6/15/2011 – 6/28/2011 - $402.73

28. 6/2/2010 – 6/15/2010 -$670.05

29. 6/1/2011 – 6/14/2011 - $439.78

30. 5/19/2010 – 6/1/2010 - $720.17

31. 5/5/10 – 5/18/2010 - $727.07

32. 3/10/2010 – 3/23/2010 - $1,356.71

33. 3/24/2010 – 4/6/2010 - $1183.82;

• 2009 Tax Return transcript, showing earnings of $32,062.00;

• 2010 Tax Return transcript, showing earnings of $22,912.00;

• Claimant’s 2009 W2 indicating that he made $32,062.34

• GCCF Interim Payment Claim Form, Claimant ID 1012676;

• Letter from the Claimant, noting request of IRS for tax documentation;

• A signed letter from Kai Sonnenschein, the General Manager of the Wine Cellar Restaurant, 

the Claimant’s employer, confirming the Claimant’s employment there and that he was laid 

off;

• A signed letter from Kai Sonnenschein, the General Manager of the Wine Cellar stating that 

the claimant has worked there since 2005. From 2005 until June of “of this year” he worked 

“5 – 6 days.” “Since then his work has been cut in half and now works about 3 to 4 days a 

week”;

• GCCF Determination Letter on Interim Payment/Final Payment Claim, 9 June 2011;

• GCCF Re-Review Determination Letter on Final Payment Claim, 15 June 2011;

• GCCF Election Form For Determination Letter on Lost Earnings and Income Claim;

• GCCF Determination Letter on Interim Payment/Final Payment Claim, 20 July 2011;

• GCCF Determination Letter on Interim Payment/Final Payment Claim, 3 November 2011;

• GCCF Determination Letter on Interim Payment/Final Payment Claim, 21 November 2011;

• Copy of the Claimant’s Social Security Card;

• Copy of the Claimant’s driver’s license. 7

Prior to presentment to the NPFC, the claimant presented his claim to both the RP/BP and the 

RP/GCCF. BP initially issued payment on this claim in the amount of $3,980.008

7 Evidence submitted to the GCCF and obtained by the NPFC with the Claimant’s permission. 8 GCCF Determination Letter on Interim Payment/Final Payment Claim, 3 November 2011.

 
The Claimant presented an Emergency Advance Payment (EAP) claim to the (RP/GCCF) seeking

$8,016.00 in loss of profits and earnings. 9

 The Claimant was assigned Claimant ID # 1012676 and 

the EAP Claim # 11426.

10 This claim was paid in the amount of $17,500.00. 11

On 6 June 2011, the Claimant submitted a Second Quarter Interim Claim (ICQ22011) to the 

RP/GCCF, seeking $20,000.00 in loss of profits and earnings. 12 The ICQ22011 was assigned GCCF 

Claim # 9394542 and was denied by the RP/GCCF.13

On 11 July 2011, the Claimant then submitted a Third Quarter Interim Claim (ICQ32011) to the 

RP/GCCF on or about 11 July 2011, seeking $5,000.00 in loss of profits damages. The ICQ32011 

was assigned GCCF Claim # 9407968, and was also denied. 14 

On 25 October 2011 the claimant submitted a Fourth Quarter Interim Claim (ICQ42011) seeking 

$25,000.00 in loss of profits damages. The ICQ42011 was assigned GCCF Claim #9521354, and

was paid in the amount of $1,000.00.15 The Claimant was offered final payment in the amount of 

$5,000.00, which the Claimant has not accepted as of the date of this determination. 16 To date, the 

Claimant has received payments from the RP/GCCF totaling $22,480.00.

On 20 November 2011, the Claimant submitted this claim to the NPFC, seeking $12,000.00 in loss of 

profits and impairment of earning capacity damages.17 Because the Claimant has previously 

submitted a claim to the RP/GCCF alleging the same damages as currently before the NPFC, in an 

amount less than or equal to the amount now presented in this claim, the NPFC may fully adjudicate 

this claim in the amount of $12,000.00.

18 

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, 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 this claim.

In order to prove a claim for loss of profits damages, a claimant must provide evidence sufficient to 

prove (1) that the claimant sustained an uncompensated financial loss, and (2) that the loss was 

caused by the discharge or substantial threat of discharge of oil resulting from the Deepwater 

Horizon oil spill.

This claim is based on the Claimant’s assertion that the Deepwater Horizon oil spill caused a 

decrease in tourism in Indian Rocks Beach, located in Pinellas County, Florida.

19 According to the 

Claimant’s submission, the alleged decrease in tourism caused the Claimant’s working hours to be 

9 GCCF United States Coast Guard Report, 1 February 2012.

10 GCCF United States Coast Guard Report, 1 February 2012 11 GCCF United States Coast Guard Report, 1 February 2012 12 GCCF United States Coast Guard Report, 1 February 2012 13 GCCF United States Coast Guard Report, 1 February 2012 14 GCCF United States Coast Guard Report, 1 February 2012. 15 GCCF United States Coast Guard Report, 1 February 2012. 16 GCCF Determination Letter on Interim Payment/Final Payment Claim, 3 November 2011. 17 Optional OSLTF Claim Form, signed on 6 November 2011. 18 33 C.F.R. § 136.103(a). 19 Optional OSLTF Claim Form, signed on 6 November 2011.

 
reduced, and eventually resulted in the Claimant’s lay-off from his position at the Wine Cellar 

Restaurant in July of 2011.20

In a letter dated 6 December 2011, the NPFC requested that the Claimant provide documentation to 

support his assertion that the Deepwater Horizon oil spill impacted Indian Rocks Beach throughout 

2011.21 The Claimant has failed to provide documentation sufficient to comply with this request, 

stating only that, “heading into 2011, the restaurant had struggled and tourism [has] never come back 

to pre oil spill numbers.”22 

However, research conducted by the NPFC indicates that Pinellas County did not experience a 

reduction in tourism in either 2010 or 2011. The 2010 Annual Visitors Profile for Pinellas County 

indicates that the number of visitors in May, June, July and August 2010 actually increased as 

compared to those months of 2009.

23 Likewise, the Visitors Profile indicates that expenditures in 

the spring and summer months of 2010, did not drop, but remained at 2009 levels.24 These statistics 

are further supported by Pinellas County Bed Tax collections, which indicate year over year 

increases starting in July of 2010 and continuing through 2011.25

Considering all documentation provided by the Claimant, as well as independent research conducted 

by the NPFC, the Claimant has failed to prove (1) that oil discharged during the Deepwater Horizon 

oil spill caused a reduction in tourism in Indian Rocks Beach, or (2) that a reduction in tourism 

caused the Claimant to sustain a loss of profits.

Furthermore, information available to the NPFC indicates that the Claimant has been compensated a 

total of $22,480.00 for losses allegedly resulting from the Deepwater Horizon oil spill. Should the 

Claimant chose to pursue this claim on reconsideration, the Claimant must specifically indicate the 

time period for which he is claiming a loss, and must provide evidence sufficient to prove that 

payments previously made to the Claimant by BP and the GCCF, have not fully compensated the 

Claimant for any loss of income he alleged to have incurred as a result of the Deepwater Horizon oil 

spill.

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

he sustained an uncompensated financial loss in the amount of $12,000.00, 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: 2/10/12

Supervisor’s Action: Denial approved

Supervisor’s Comments: 

20 Optional OSLTF Claim Form, signed on 6 November 2011. 21 NPFC Request for additional information, 6 December 2011. 22 Response to NPFC request for additional information, received on 29 December 2011. 23 St. Petersburg/Clearwater Area Convention and Visitors Bureau Annual Visitor Profile, 

http://www.pinellascvb.com/statistics/Pinellas2010AnnualReport.pdf, @6. Accessed on 8 February 2012 24 St. Petersburg/Clearwater Area Convention and Visitors Bureau Annual 2010 Visitor Profile, Available at, 

www.pinellascvb.com/statistics/Pinella2010AnnualReport.pdf, at 7. Accessed on 8 February 2012 25 Pinellas County, CVB statistics, Bed Tax Information. Available at, www.pinellscvb.com/cms/index.php?id=6.