CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1443

Claimant Cassandra A. Waller

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $20,500.00

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 23 September 2011, Cassandra A. Waller (the Claimant) presented a claim to the Oil 

Spill Liability Trust Fund (OSLTF) for $20,500.00 for loss of profits and impairment of 

earnings capacity resulting from the Deepwater Horizon oil spill. 

The Claimant worked for Jazzy Hush Catering Company in New Orleans, Louisiana, 

from 14 January 2010 to 20 April 2010 as a wait staff supervisor.1

 The Claimant stated

she lost her job at Jazzy Hush and lost earnings due to the Deepwater Horizon oil spill.2

 

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. 

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 Letter by Marquita Brown, owner of Jazzy Hush Catering Company, explaining Claimant’s employment. 

Letter is undated.

2 OSLTF Claim Form signed by the Claimant 23 September 2011

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(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 the Claimant 23 September 2011

• Letter by Marquita Brown, owner of Jazzy Hush Catering Company, explaining 

Claimant’s employment. Letter is undated.

• W-2 Wage and Tax Statement from Jazzy Hush Catering Company for 2010

• Pay Stubs for 2010 from Jazzy Hush Catering Company for 2010

On 26 September 2010, the NPFC sent the Claimant a letter requesting additional 

information in order to further evaluate the claim. USPS Tracking shows the Claimant 

received the letter 04 October 2011.3

 The Claimant has not responded to the request. 

3 USPS Tracking Receipt Number 7011 1150 0000 4636 2649

3

 
Before presenting the claim to the NPFC, the Claimant filed an Interim Claim 

(IC1Q2011) to the GCCF on 17 May 2011.

4

 The claim was assigned Claimant ID 

#3519930 and claim #9381840.

5 The Interim claim “is in the review process and no 

letter has yet been issued.6

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

the GCCF claim 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 the IC1Q2011 claim as of the date of this 

determination. The NPFC deems the GCCF claim to be properly presented to the 

Responsible Party. To the extent the amount of the claim 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 N10036-1443 considers and addresses the loss of 

earnings up to the amount of $20,500.00 for the claim presented to the Responsible Party, 

specifically: GCCF Claim #9381840 IC1Q2011.

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 did not respond to the NPFC letter of 26 September 2011 requesting 

additional information. On 17 October 2011, the NPFC Claims Adjuster followed up 

with the Claimant via telephone. The NPFC Claims Adjuster granted the Claimant a 21 

October 2011 deadline. The Claimant did not provide the requested information by the

deadline and on 25 October 2011, the Claimant instructed the NPFC Adjuster via 

telephone to proceed with her claim based only on the documentation in her original 

submission. 

The Claimant stated that her loss of earnings of $20,500.00 is what she would have 

earned at Jazzy Hush Catering Company if she had not lost her job. However, the 

Claimant provided insufficient documentation to support her loss of earnings. She only 

provided documents showing her 2010 earnings from Jazzy Hush Catering Co.

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 The 

Claimant provided no documents showing her earnings for previous years or after April

2010. The earnings from Jazzy Hush are only for three months which is an insufficient 

time to demonstrate an earnings trend or calculate expected earnings.

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4 Date of filing the Interim Claim is based on the Claimant’s OSLTF Claim Form

5 GCCF On-Line Claim Status dated 27 October 2011 6 GCCF On-Line Claim Status dated 27 October 2011 7 W-2 Wage and Tax Statement from Jazzy Hush Catering Company for 2010 and Pay Stubs for 2010 

from Jazzy Hush Catering Company for 2010

8 Letter by Marquita Brown, owner of Jazzy Hush Catering Company, explaining Claimant’s employment. 

Letter is undated. The letter states she worked from 14 January 2010 to 20 April 2010

4

 
The Claimant stated that her loss was due to the Deepwater Horizon oil spill. However, 

the Claimant provided insufficient documentation to support her statement. The NPFC 

Claims Adjuster attempted to contact the owner of Jazzy Hush to corroborate the claim 

but was unable to do so. The NPFC Claims Adjuster telephoned the owner on 25 and 26 

October 2011 and got a voice message that the subscriber was not accepting incoming 

calls. On 25 October 2011, the NPFC Claims Adjuster e-mailed the owner and as of the 

date of this letter has received no response.

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: Claims Adjudication Division

Date of Supervisor’s Review: 28 October 2011

Supervisor’s Action: Denial approved

Supervisor’s Comments:

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