CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1623

Claimant Ronald Petitfrere

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $10,000.00

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 19 January 2012, Mr. Ronald Petitfrere (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) seeking $10,000.00 in loss of profits damages allegedly resulting 

from the Deepwater Horizon oil spill.1

The Claimant alleged that at the time of the oil spill, he was working at “the Key Largo 

Tavenier” and that he sustained a loss of income due to lack of business following the Deepwater 

Horizon oil spill. 2 The Claimant alleged that his loss stemmed from (1) public perception that 

seafood was unsafe, and (2) decreases in tourism.3

The Claimant alleged to have sustained a loss of earnings totaling $10,000.00.4

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 § 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.

1 Optional OSLTF Claim Form, signed on 13 December 2011. 2 Optional OSLTF Claim Form, signed on 13 December 2011.

3 Optional OSLTF Claim Form, signed on 13 December 2011.

4 Optional OSLTF Claim Form, signed on 13 December 2011.

 
(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 13 December 2011;

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

(EAP) Claim to the RP/GCCF seeking loss of profits and earnings damages in the amount of 

$1,310.40.

5

 The Claimant was assigned GCCF Claimant ID #3269562 and the EAP claim was 

assigned GCCF Claim # 325486.

6

 This claim was denied on 23 October 2010.7

The Claimant then presented one Full Review Final Claim (FRF) to the RP/GCCF. In FRF, the 

Claimant sought loss of profits and wages damages in the amount of $3,539.40.

8

 FRF1 was 

assigned GCCF Claim # 9160131 and was denied on 5 January 2011. 9

On 22 December 2011 the Claimant presented this claim to the NPFC, seeking $10,000.00 in 

loss of profits and earnings capacity damages. 10 Claims previously presented by the Claimant to 

the RP/GCCF total $4,849.80. OPA requires that any claim presented to the NPFC, be first 

5 GCCF United States Coast Guard Report, 23 January 2012. 6 GCCF United States Coast Guard Report, 23 January 2012.

7 GCCF Claimant Status, accessed on 6 February 2012. 

8 GCCF United States Coast Guard Report, 23 January 2012.

9 GCCF United States Coast Guard Report, 23 January 2012 

10 Optional OSLTF Claim Form, dated 13 December 2011.

 
presented to the RP. Because the Claimant has presented damages to the NPFC, which exceed 

the amount of damages presented to the RP by $5,150.20, this claim is initially denied in this 

amount.11

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 claim, a claimant must demonstrate (1) that the claimant 

sustained a loss of profits or reduction in earning capacity following the oil spill, and (2) that the 

alleged loss was due to the Deepwater Horizon oil spill.

On 4 January 2012, the NPFC sent the Claimant a letter via certified mail, requesting that the 

Claimant provide certain documentation regarding his earnings prior to and following the oil 

spill, as well as documentation regarding the nature of the work he was involved in at the time of 

the oil spill.12 As of the date of this determination, the Claimant has failed to respond. 

Therefore, the NPFC is unable to determine what type of work the Claimant was engaged in and 

whether or not he may have been affected by the discharge of oil resulting from the Deepwater 

Horizon oil spill.

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

sustained a loss in the amount of $10,000.00, 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: 2/8/12

Supervisor’s Action: Denial approved

Supervisor’s Comments:

11 33 C.F.R. § 136.103(a). 12 NPFC Request for additional information, 4 January 2012.