CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1573

Claimant Barbara Ann McGill

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $2,500.00

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, Barbara Ann McGill (the Claimant) presented a claim to the Oil 

Spill Liability Trust Fund (OSLTF) for $2,500.00 for loss of profits and impairment of 

earnings capacity allegedly resulting from the Deepwater Horizon oil spill. 

The Claimant worked during the summer seasons cleaning condo rentals for Parker 

Realty in Mexico Beach, Florida.1

 She cleaned units after the renters vacated and before 

the new renters arrived.2

 The Claimant stated she lost earnings because she did not work 

for Parker Realty for the 2010 and 2011 seasons because rentals were down due to the 

Deepwater Horizon oil spill.3 The last day the Claimant worked for Parker Realty was 13 

July 2009.4

 

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 Section 2702(b) of OPA. 

1 Letter from Parker Realty concerning Claimant’s employment dated 25 October 2010

2 Based on telephone conversation between the Claimant and the NPFC Claims Adjuster 28 November 

2011

3 Letter from Parker Realty concerning Claimant’s employment dated 17 November 2010Letter from 

Parker Realty concerning Claimant’s employment dated 05 October 2011

4 Based on telephone conversation between Jamie Schwarz at Parker Realty and the NPFC Claims Adjuster 

28 November 2011

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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 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 07 November 2011

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• Letter from Parker Realty concerning Claimant’s employment dated 25 October 

2010

• Letter from Parker Realty concerning Claimant’s employment dated 17 

November 2010

• Letter from Parker Realty concerning Claimant’s employment dated 05 October 

2011

• Copies of Claimant’s Florida Drivers License and Social Security Card

• IRS Form 4506-T Request for Transcript of Tax Return

• Form 1099 Misc Income from Parker Realty of Mexico Beach, Inc. for 2009

• Form 1040 US Individual Income Tax Return for 2009

• W-2 Wage and Tax Statement from King’s Bay Construction for 2008

• W-2 Wage and Tax Statement from Jacalyn N. Kolk, PA for 2008

• Form 1040EZ Income Tax Return for 2008

• Form 1040 US Individual Income Tax Return for 2008

• Handwritten Profit and Loss Statement for Claimant for 2008, 2009 and 2010

• Handwritten Profit and Loss Statement for Claimant for January, February and 

March 2011

• Copy of GCCF Form 2000-I Interim Payment Claim Form dated 28 July 2011

On 22 November 2011, the NPFC sent the Claimant a letter requesting additional 

information in order to further evaluate the claim. On 28 November 2011, the Claimant 

responded to the request by telephone.

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

Payment (EAP) with the GCCF. The claim was assigned Claimant ID #1173906 and 

claim #4009760.5

 The EAP claim was denied on 22 December 2010.6 Additionally, 

Claimant filed an Interim Payment Claims (ICQ12011 and ICQ32011) with the GCCF. 

The claims were assigned claim #9141879 ICQ12011 and #9428954 ICQ32011.7

 The 

two IC claims were denied on 04 June 2011 and 01 October 2011.8

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

the GCCF claims is 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 ICQ12011 and ICQ32011claims as 

of the date of this determination. The 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 N10036-1573 considers and addresses the loss 

of earnings up to the amount of $2,500.00 for all claims presented to the Responsible 

5 GCCF On-Line Claim Status Report 6 GCCF Denial Letter dated 22 December 2011

7 GCCF On-Line Claim Status Report 8 GCCF Deficiency Denial Letters dated 04 June 2011 and 01 October 2011

4

 
Party, specifically: GCCF Claim #4009760 EAP, #9141879 ICQ12011 and #9428954 

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 stated she lost earnings because she did not work for Parker Realty for the 

2010 and 2011 seasons because rentals were down due to the Deepwater Horizon oil 

spill.9 Parker Realty stated that the last date of employment for the Claimant was 13 July 

2009.10 When rentals declined, the person at Parker Realty who assigned cleaning stated 

that she did not use the Claimant because she used others regular employees who had 

worked for Parker longer than the Claimant. 11 However, while the Claimant’s employer 

appears to agree with the Claimant’s contention that the oil spill caused a reduction to the 

Claimant’s work, Parker Realty has not provided any specific information which would 

support the Claimant’s contention. Claimant has provided no other evidence as to the 

causation of her alleged loss. As such, the Claimant has not established by a 

preponderance of the evidence that her alleged loss of earnings was due to the oil spill as 

opposed to the employer utilizing other employees with more seniority as stated.

This claim is denied because the Claimant failed to meet the burden to demonstrate 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: 12/5/11

Supervisor’s Action: Denial approved

Supervisor’s Comments:

9 Letter from Parker Realty concerning Claimant’s employment dated 17 November 2010Letter from 

Parker Realty concerning Claimant’s employment dated 05 October 2011

10 Phone conversation between Parker Realty and NPFC staff on 29 November 2011 11 Based on telephone conversation between Jamie Schwarz at Parker Realty and the NPFC Claims 

Adjuster 28 November 2011

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