CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1571

Claimant Ms. Krystal Bullard

Type of Claimant Corporate (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $6,000.00

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 18 November 2011, Ms. Krystal Bullard (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) seeking $6,000.00 in loss of profits damages resulting from the 

Deepwater Horizon oil spill. 1

At the time of the Deepwater Horizon oil spill, Ms. Bullard alleged to have been working for a 

franchise owner of Jani King, a cleaning service, in Pensacola, Florida.2

 The Claimant alleged that in 

lieu of standard payment, she was either paid about $650.00 in cash each month, or that the franchise 

owner would pay the Claimant’s bills directly.3

The Claimant alleged that following the Deepwater Horizon oil spill, the franchise owner no longer 

had work for the Claimant, so the Claimant left to take a position working for an oil spill response 

organization on Pensacola Beach.4

 A letter from the Jani King franchise owner states that the 

Claimant began working with the oil spill response because it presented an opportunity for the 

Claimant to earn a higher income.5

 The Claimant was let go from this position after “two or three” 

months for reasons unrelated to the Deepwater Horizon oil spill. 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:

1 Optional OSLTF Claim Form, 16 November 2011.

2 Optional OSLTF Claim Form, 16 November 2011.

3 Letter from Angela Coker, 14 October 2010.

4 Letter from the Claimant to the GCCF, 1 November 2010. 5 Letter from Angela Coker, 14 October 2010.

6 Letter from the Claimant to the GCCF, 1 November 2010.

 
(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, 16 November 2011;

• Letter from Angela Coker, undated;

• 2009 Form 1040A;

• 2008 Form 1040A;

• 2009 Form W-2 Wage and Tax Statement;

• Letter from the Claimant to the GCCF, 1 November 2010.

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

claim to the RP/GCCF seeking loss of profits and impairment of earnings damages. The Claimant 

was assigned claimant ID# 1140932 and the EAP claim was assigned claim # 3004405.7

 This claim 

was denied by the RP/GCCF. 8

The Claimant then presented a Full Review Final (FRF) claim to the RP/GCCF, seeking loss of 

profits and impairment of earnings damages. The FRF claim was assigned claim # 9211035 and was 

denied by the RP/GCCF.9

7 GCCF Claimant Status, accessed on 28 November 2011.

8 GCCF Claimant Status, accessed on 28 November 2011.

9 GCCF Claimant Status, accessed on 28 November 2011.

 
On 18 November 2011, the Claimant presented this claim to the NPFC, seeking loss of profits 

damages in the amount of $6,000.00. The NPFC may adjudicate this claim to the extent that these 

damages have first been presented to and denied by the RP/GCCF. Any damages not first presented 

to the RP/GCCF are denied for improper presentment. 10

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 Deepwater Horizon oil spill.

The Claimant alleged that she stopped working with Jani King and took a position working for an oil 

spill response organization in June 2010 because the organization “guaranteed long term jobs.” 

However, the Claimant was let go after “two or three months” for reasons unrelated to the oil spill.11 

The Claimant’s loss of her position with the oil spill response organization is not a loss caused by the 

effects of the Deepwater Horizon oil spill, and is not compensable under OPA. 

The Claimant has also not provided any verifiable proof of her earnings during her time working 

with Jani King, nor has the Claimant shown that these earnings decreased following the Deepwater 

Horizon oil spill. Because the Claimant has provided no record of her income or employment with 

Jani King, and has not provided evidence to show that her employer, Jani King, sustained a financial 

loss as a result of the Deepwater Horizon oil spill nor has the Claimant demonstrated that her profits 

were actually reduced as a result of the oil spill. Further, Claimant’s work with the oil spill response 

organization may have mitigated her alleged losses from Jani King. Claimant’s failure to submit 

documentation relating to her income as an oil spill response worker makes it impossible for the 

NPFC to ascertain whether, in fact, the Claimant incurred a loss of income.

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

sustained a loss in the amount of $6,000.00, 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: 11/30/11

Supervisor’s Action: Denial approved

Supervisor’s Comments: 

10 33 C.F.R. § 136.103(a). 11 In a letter to the GCCF, the Claimant stated that she “got fired for report[ing] a racial discrimination charge 

against the company I was working for.” Letter dated, 1 November 2010.