CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1585

Claimant Ms. Candice Calvert

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $28,000.00

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 30 November 2011, Ms. Candice Calvert (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) seeking $28,000.00 in loss of profits and impairment of earning 

capacity damages resulting from the Deepwater Horizon oil spill.1

At the time of the oil spill, the Claimant was working as a bartender at Howl at the Moon 

restaurant and piano bar in Tampa, Florida.2

 The Claimant alleged that her hours were cut 

following the Deepwater Horizon oil spill due to a lack of tourism resulting from public concern 

that the oil spill may have affected Tampa beaches. The Claimant’s employer stated in a letter to 

the NPFC, 

We experienced a decline in tourists, cancellations of reservations, and loss of 

revenue because of the fear of oil on our beaches.3

The Claimant alleged that the reduction in her hours and accompanying loss of tips caused her to 

sustain a $9,000.00 loss of income in 2010 and a $19,000.00 loss of income in 2011.4 The 

Claimant seeks $28,000.00 from the NPFC in total losses alleged for 2010 and 2011.5

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 C.F.R. § 136.231 is 

1 Optional OSLTF Claim Form, signed on 29 November 2011. 

2 Optional OSLTF Claim Form, signed on 29 November 2011.

3 Letter from Manager, Howl at the Moon, to the NPFC, 28 November 2011.

4 Optional OSLTF Claim Form, signed on 29 November 2011. 5 Optional OSLTF Claim Form, signed on 29 November 2011.

 
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, the Claimant submitted the following documentation:

• Optional OSLTF Claim Form, signed on 29 November 2011;

• Letter from the claimant to the NPFC, describing losses, 28 November 2011;

• Letter from Manager, Howl at the Moon, to the NPFC, 28 November 2011;

• Copy of check to the Claimant, showing total year to date earnings of $10,971.10, 

10/19/11;

• IRS Account Transcript, 2009, showing adjusted gross income of $31,078.00;

• 2010 Form 1040A, showing adjusted gross income of $20,699.00;

• 2010 Form 8863;

• 2010 Schedule M (Form 1040A or 1040);

• Beal, Melvin, Oil Spill: Florida tourism threatened by oil leak, www.wtsp.com, 2 May 

2010;

• Ferguson, Vickie, Tampa Bay tourism and the BP oil spill, www.examiner.com, undated;
• Cashill, Margaret, BP oil spill has tourism industry braced, Tampa Bay Business Journal, 

24 May 2010;

• Harrington, Jeff, Economic fallout from BP oil spill will haunt Florida for years, reports 

say, St. Petersburg Times, 29 July 2010;

• Trigaux, Robert, For Florida tourism, greatest task is fighting perception of oil spill 

blackening its shores, www.tampbabay.com, 7 May 2010.

Prior to presentment to the NPFC, the Claimant presented two Second Quarter Interim Claims 

(ICQ22011a & ICQ22011b) to the RP/GCCF, seeking loss of profits and earnings damages in 

the amounts of $12,000.00 and $20,000.00.6

 The Claimant was assigned Claimant ID # 3517501 

and ICQ22011a, ICQ22011b were assigned GCCF Claim #’s 9373404 and 9407893 

respectively. 7

 These claims were denied by the RP/GCCF.

The Claimant then presented Third and Fourth Quarter Interim Claims (ICQ32011 and 

ICQ42011) to the RP/GCCF, seeking loss of profits and wages damages in the amounts of 

$12,000.00 and $10,000.00 respectively. 8 The claims were assigned Claim #’s 9413057 and 

9504931.9

 The RP/GCCF denied payment on the ICQ32011, but issued payment of $25,622.11 

on ICQ42011 in addition to offering the Claimant a final payment of $5,000.00.10 As of the date 

of this determination, the Claimant has not accepted the final payment offer.11

On 30 November 2011, the Claimant presented this claim to the NPFC, seeking $28,000.00 in 

loss of profits and impairment of earning capacity damages.12 Because the Claimant has first 

presented this claim to the RP/GCCF, and because the damages presented to the RP/GCCF 

exceed the amount of damages now presented to the NPFC, the NPFC may fully adjudicate this 

claim in the amount of $28,000.00 for damages allegedly stemming from effects of the 

Deepwater Horizon. 13

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.

This claim is denied because the Claimant failed to demonstrate that she sustained an actual 

financial loss as a result of the discharge of oil caused by the Deepwater Horizon oil spill.

The Claimant alleged that the oil spill caused decreases in tourism in Tampa, which resulted in 

her loss of $9,000.00 in earnings in 2010 and $19,000.00 in 2011.14 On 10 December 2011, the 

NPFC sent the Claimant a letter via certified mail, requesting that the Claimant provide certain 

6 GCCF United States Coast Guard Report, 11 January 2012.

7 GCCF Claimant Status, accessed on 21 November 2011.

8 GCCF United States Coast Guard Report, 11 January 2012. 9 GCCF United States Coast Guard Report, 11 January 2012.

10 GCCF Claimant Status, accessed on 23 January 2012. 11 GCCF Claimant Status, accessed on 23 January 2012. 12 Optional OSLTF Claim Form, signed on 29 November 2011. 13 33 C.F.R. § 136.103(a). 14 Optional OSLTF Claim Form, signed on 29 November 2011.

 
additional information in support of this claim.15 Among other items, the NPFC requested that 

the Claimant provide copies of pay stubs to show that the Claimant’s earnings remained steady 

through the first months of 2010, and only dropped in the period following the Deepwater 

Horizon oil spill.16 The Claimant was asked to provide the requested documentation within 14 

days of the date of the NPFC request.17 As of the date of this determination, the Claimant has 

not responded to this request. Without pay stubs or other records to document the Claimant’s 

earnings prior to the oil spill, the NPFC does not have information sufficient to prove that the 

Claimant’s alleged loss of income began after the Deepwater Horizon oil spill.

A letter provided by the Claimant indicated that management at Howl at the Moon attributed a 

loss of business to the effects of the Deepwater Horizon oil spill on tourism in Tampa. The 

NPFC contacted Howl at the Moon, and was informed by a manager that the restaurant’s primary 

loss of business was caused by a lack of cruise ship customers from cruises docked in 

Channelside.18 The NPFC requested that the Claimant provide documentation to indicate the 

extent and nature of the loss allegedly sustained by the restaurant, but the Claimant failed to 

respond to this request.19 

Furthermore, research conducted by the NPFC indicates that the Tampa Port Authority reported 

an increase in total passengers arriving by cruise ship in 2010 over 2009: 793,900 in 2009, as 

compared to 845,900 in 2010.20 Furthermore, although the total number of tourists visiting 

Tampa in 2010 decreased as compared to 2009, overall tourist spending actually increased in 

2010.21 

The Claimant has, therefore, failed to prove that her alleged losses resulted from a reduction in 

tourism, specifically tourism related to cruise ship traffic, affected either her or her employer 

Howl at the Moon. Accordingly, this claim is denied because the Claimant has failed to meet her 

burden to demonstrate (1) that she sustained an uncompensated loss in the amount of $28,000.00, 

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: 1/25/12

Supervisor’s Action: Denial approved

Supervisor’s Comments:

15 At the Claimant’s request, the NPFC also emailed the Claimant a copy of this letter on 19 16 NPFC request for additional information, 10 December 2011. 17 NPFC request for additional information, 10 December 2011. 18 Letter from Manager, Howl at the Moon to the NPFC, 28 November 2011; PHONECONE: NPFC and Manager, 

Howl at the Moon, 28 November 2011.

19 NPFC request for additional information, 10 December 2011. 20 Tampa Bay Convention and Visitors Bureau statistics available at, 

http://www.visittampabay.com/includes/media/docs/2010-Research-Synopsis.pdf, accessed on 23 January 2012. 21 Tampa Bay Convention and Visitors Bureau indicates that 15.05 million tourists visited Tampa in 2010, 

compared to 13.93 in 2009. However, overall spending increased from $2.9 million in 2009 to $3.2 million in 2010.