CERTIFIED MAIL – RETURN RECEIPT REQUESTED 5890/DWHZ 

Number: 7010 0780 0001 8634 2081 28 April 2014 

 

Ms. Jeanne Jackson 

: Claim Number: N10036-2022

Dear Ms. Jackson: 

The National Pollution Funds Center (NPFC), in accordance with the Oil Pollution Act of 1990, 33 U.S.C. § 2701 et 

seq. (OPA) and the associated regulations at 33 C.F.R. Part 136, denies payment on the claim number N10036-2022

involving the Deepwater Horizon oil spill. Please see the attached Claim Summary/Determination Form for further 

explanation. 

You may make a written request for reconsideration of this claim. The reconsideration must be received by the 

NPFC within 60 days of the date of this letter and must include the factual or legal basis of the request for 

reconsideration, providing any additional support for the claim. However, if you find that you will be unable to 

gather particular information within the time period, you may include a request for an extension of time for a 

specified duration with your reconsideration request. 

Reconsideration of the denial will be based upon the information provided. A claim may be reconsidered only once. 

Disposition of that reconsideration in writing will constitute final agency action. Failure of the NPFC to issue a 

written decision within 90 days after receipt of a timely request for reconsideration shall, at the option of the 

claimant, be deemed final agency action. All correspondence should include claim number N10036-2022. 

Mail reconsideration requests to: 

Director (ca) 

NPFC CA MS 7100 

US COAST GUARD 

4200 Wilson Blvd, Suite 1000 

Arlington, VA 20598-7100

Sincerely, 

Claims Adjudication Division 

National Pollution Funds Center 

U.S. Coast Guard 

Enclosure: Claim Summary/Determination 

U.S. Department of 

Homeland Security

United States

Coast Guard

Director

National Pollution Funds Center

United States Coast Guard

NPFC CA MS 7100

US COAST GUARD

4200 Wilson Blvd. Suite 1000

Arlington, VA 20598-7100

Staff Symbol: (CA)

Phone: 800-280-7118

E-mail: arl-pfnpfcclaimsinfo@uscg.mil

Fax: 703-872-6113
2

CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-2022

Claimant Jeanne Jackson

Type of Claimant Private (US)

Type of Claim Loss of Profits or Impairment of Earning Capacity

Amount Requested $75,000.00

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 

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.

On 08 March 2012, the United States District Court, Eastern District of Louisiana issued a 

"Transition Order" (TO) limiting the GCCF's ability to accept, process, or pay claims except as 

provided in that order. The TO created a Transition Process (TP) to facilitate the transition of the 

claims process from the GCCF to a proposed Court Supervised Settlement Program (CSSP). The 

Court granted Preliminary Approval of the proposed settlement agreement on 02 May 2012, and 

the CSSP began processing claims on 04 June 2012.

CLAIM AND CLAIMANT

On 19 April 2014, Ms. Jeanne Jackson (“the Claimant”) submitted a claim to the Oil Spill 

Liability Trust Fund (OSLTF) seeking $75,000.00 in loss of profits or impairment of earning 

capacity damages allegedly resulting from the Deepwater Horizon oil spill.1 

At the time of the oil spill, the Claimant states she was providing resume, secretarial, 

bookkeeping document preparation, advertising and event/tournament planning services, as well 

as introductory resources for people looking to relocate to or develop business in the Naples, FL 

area. As a result of the spill, the Claimant states that, not only was she unable to sell her 

business in order to retire, but she claims to have lost it, even to the point of not being able to sell 

her office furniture. She also claims that, as she had little to no income coming in for the 

remainder of 2010, therefore she had to declare bankruptcy. Currently, the Claimant states she is 

losing her home in foreclosure due to her inability to pay her mortgage, also an effect of the oil 

spill. 

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 

water, adjoining shorelines, or the exclusive economic zone of the United States, as described in 

§ 2702(b) of OPA. 

 

1 Optional OSLF Claim Form, 15 April 2014.
3

The OSLTF is available to pay claims for uncompensated damages pursuant to 33 U.S.C. § 

2712(a)(4) and § 2713 and the OSLTF claims adjudication regulations at 33 C.F.R. Part 136. 

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, 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; and

(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 undertaken, 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.

Under 33 U.S.C. § 2712(f), payment of any claim or obligation by the Fund under OPA shall be 

subject to the United States Government acquiring, by subrogation, all rights of the claimant or 

State to recover from the responsible party.

DETERMINATION OF LOSS 

Claimant’s Submission to the NPFC

The Claimant submitted the following documentation in support of this claim:

 Emails from Claimant with claim documents, dated 22 April 2014;
4

 Optional OSLTF Form, 19 April 2014;

 Index of Claim Documents for Claimant;

 GCCF Full Final Claimant Form for Claimant, signed 2 June 2012;

 Copy of Magazine Articles from region regarding oil spill;

 Corrected Information and Requested Claim Re-Review Information for Claimant, 31 

July 2013;

 Miscellaneous Correspondence between Deepwater Horizon Economic Settlement and 

Claimant;

 Cash Flow Forecast documents for Claimant. 

The Claimant states that this claim was first presented to the Responsible Party and that the RP 

denied payment on this claim.2 On 19 April 2014, the Claimant presented this claim to the 

NPFC, seeking $75,000.00 in loss of profits or impairment of earning capacity. The NPFC will 

adjudicate the claim to the extent presentment requirements have been satisfied. If any damages 

subject of this claim were not first presented to and denied by the RP, these damages are denied 

for improper presentment.

Evidence in this claim submission indicates that the Claimant is a member of the Deepwater 

Horizon Economic and Property Damage Class Action Settlement (E&PD Settlement).3

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 all evidence, information, and 

documentation deemed necessary by the Director, NPFC, to support the claim.

As an initial matter, it appears that the Claimant is a member of the E&PD Settlement Class. 

This claim is therefore considered to have been settled, and the Claimant is ineligible to recover 

funds from the OSLTF. According to OPA, the payment of any claim by the NPFC is subject to 

the NPFC’s ability to obtain, by subrogation, the rights to recover all costs and damages from the 

responsible party. If a claim has been settled, the claimant no longer has rights to the claim and 

therefore cannot subrogate the NPFC to those rights.

While this claim may not have been quantified or paid, it is considered to have been settled by 

virtue of the Court’s preliminary approval of the settlement agreement. If the Claimant disagrees

that he is a member of the economic damages class of the E&PD Settlement, he should submit 

evidence to indicate that he has either opted out or is excluded from the E&PD Settlement in his 

request for reconsideration of this claim.

Furthermore, even if the Claimant was not included in the Settlement Class and, this claim would 

also be denied on its merits. In order to prove a claim for loss of profits or impairment of 

earning capacity damages, a claimant must provide evidence sufficient to prove (1) that the 

 

2 Optional OSLTF Claim Form, 13 April 2014.

3 At the time of the spill, the Claimant was living within Economic Loss Settlement Zone D and working within 

Zone C.
5

claimant sustained a loss or reduction in income, and (2) that the loss was caused by damage to 

real or personal property or natural resources caused by the discharge of oil during the 

Deepwater Horizon oil spill.

The Claimant alleged that, as a result of the oil spill, her current and potential clients were 

affected and therefore, she was affected. However, simply because the Claimant worked in 

various planning and resource roles as described above for clients who may or may not have 

been affected by the spill, does not translate to her having suffered losses as a direct result. The 

Claimant’s clientele made business decisions—whether each wanted to or not—to cancel, not 

renew, or not initiate contracts with the Claimant. Business decisions are not affects of the oil 

spill, they are conscious choices made on where to or where not to perform work and/or services. 

Additionally, there are many economic and environmental factors why a company increases or 

decreases its earnings over any given period of time. Looking at the various services that the 

Claimant’s clientele desired, in order for the Claimant to tie its losses to the oil spill, she would 

have to tie each and every one of her clients’ losses to the oil spill. As she has not done so, it 

cannot be ascertained that the Claimant suffered losses due to the oil spill.

Additionally, though the Claimant states that she entered into bankruptcy and is ready to 

foreclose on her house as a result of the spill, she provides no documentation of this. As these 

may or may not be the result of other factors, again, it cannot be ascertained that both the alleged 

bankruptcy and impending foreclosure are resultant of the oil spill.

Based on the foregoing, this claim is denied because the Claimant has failed to provide evidence 

sufficient to prove (1) that she sustained a financial loss in the amount of $75,000.00, or (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 discharge of oil. Additionally, this claim is 

considered to have been settled by virtue of the Claimant belonging to the E&PD Settlement.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 4/28/14

Supervisor’s Action: Denial approved

Supervisor’s Comments: