CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1594

Claimant Wilfred J. Arnolie, III

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $8,000.00

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 5 December 2011, Mr. Wilfred J. Arnolie, (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) seeking $8,000.00 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 Footlocker in the Esplanade Mall.2

 The 

Claimant alleged that he works on commission and lost sales due to a general lack of business 

following the Deepwater Horizon oil spill.3

 Specifically, the Claimant stated that “tourists, 

shrimpers, fisherman, etc. cannot make purchase, so wages were decreased.”4

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

$8,000.00 loss of earnings, which the Claimant now seeks from the OSLTF.

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.

(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, 

1 Optional OSLTF Claim Form, received on 5 December 2011. 

2 PHONECON: NPFC Staff and the Claimant, 5 December 2011.

3 Optional OSLTF Claim Form, received on 5 December 2011.

4 Optional OSLTF Claim Form, received on 5 December 2011.

 
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 5 December 2011;

• 2010 Form 1040A, showing adjusted gross income of $23,827.00;

• 2009 Form 1040A, showing adjusted gross income of $22,168.00;

• 2008 Form 1040, showing adjusted gross income of $21,318.00;

• Letter from the Claimant to the GCCF, undated;

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

Prior to presentment to the NPFC, the Claimant presented an Emergency Advance Payment (EAP) 

claim to the RP/GCCF seeking $7,000.00 in loss of profits and earnings.

5

 The Claimant was 

assigned Claimant ID # 3164247 and the EAP claim was assigned claim # 219030. 6

 This claim was 

denied by the RP/GCCF.

The Claimant then submitted a First Quarter Interim Claim (ICQ12011) to the RP/GCCF, seeking 

$10,000.00 in loss of profits and earnings.

7

 The ICQ12011 was assigned claim # 9274980 and was 

also denied by the RP/GCCF.8

On 5 December 2011, the Claimant submitted this claim to the NPFC, seeking $8,000.00 in loss of 

profits and earning capacity damages.9

 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 presented in this claim, the NPFC may fully adjudicate this claim for $8,000.00 in loss 

5 GCCF United States Coast Guard Report, 23 December 2011.

6 GCCF Claimant Status, accessed on 11 January 2012. 7 GCCF United States Coast Guard Report, 23 December 2011.

8 GCCF Claimant Status, accessed on 11 January 2012.

9 Optional OSLTF Claim Form, received on 5 December 2011.

 
of profits and earning capacity damages resulting from the Deepwater Horizon oil spill.10 

Accordingly, this Claim Summary Determination addresses the merits of both of the Claimant’s 

GCCF claims, namely GCCF claim #’s 219030 and 9274980 up to the amount presented to the 

NPFC.

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 loss of profits and earning capacity damage claim, a claimant must provide 

evidence sufficient to prove (1) that the claimant sustained a financial loss, and (2) that the loss was 

caused by the discharge or substantial threat of discharge of oil. 

This requires that the Claimant provide documentary proof of lost income, including evidence 

regarding the nature of the Claimant’s employment, and how his employment was affected by the 

Deepwater Horizon oil spill. However, the Claimant’s original submission to the NPFC included 

only copies of income tax returns, an OSLTF Optional Claim Form, and a letter from the Claimant 

previously written to the GCCF.

The NPFC contacted the Claimant via phone, and through certified letter, requesting that the 

Claimant provide certain evidence to further develop and explain his claim.11 The letter, dated 10 

December 2011, requested that the Claimant provide a response within 14 days. As of the date of 

this determination, the Claimant has not responded to the NPFC’s request for additional information. 

Therefore, the NPFC does not have evidence sufficient to indicate that the Claimant’s employment 

was in any way affected by the oil spill.

Based on documentation included in the Claimant’s original submission to the NPFC, the Claimant 

did not sustain a loss of income in 2010. The Claimant’s federal tax returns indicate that the 

Claimant reported adjusted gross income for 2008, 2009 and 2010 of $21,318.00, $22,168.00, and 

$23,827.00, respectively.12 

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

sustained a financial loss in the amount of $8,000.00, 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: 1/12/12

Supervisor’s Action: Denial approved

Supervisor’s Comments: 

10 33 C.F.R. § 136.103(a). 11 The NPFC contacted the Claimant via phone on 5 and 8 December 2011. The NPFC mailed a certified letter to 

the Claimant, requesting additional information on 10 December 2011.

12 2010 Form 1040A, 2009 Form 1040A, 2008 Form 1040