CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1445

Claimant Mr. Tywain Peters

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $22,000.00

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 

claims for certain individual and business claims on behalf of BP.

CLAIM AND CLAIMANT

On 26 September 2011, Mr. Tywain Peters (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) seeking $22,000.00 in loss of profits and impairment of earnings 

capacity resulting from the Deepwater Horizon oil spill. 1

The Claimant alleged that he was laid off from his position at the “Shop and Save Fish Market” 

due to effects of the Deepwater Horizon oil spill. 2

 Specifically, the Claimant stated that he “lost 

his job due to the oil spill and [is] now receiving unemployment benefits.”3

The Claimant stated that he has been compensated $8,800.00, but that he actually sustained 

losses totaling $22,000.00, which is the amount that the Claimant now seeks from the OSLTF.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 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.

(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, dated 19 September 2011. 

2 PHONECON: NPFC Staff and the Claimant, 28 September 2011. 3 Optional OSLTF Claim Form, dated 19 September 2011.

4 Optional OSLTF Claim Form, dated 19 September 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, dated 19 September 2011;

• Claimant profile data, claim date 9/20/09;

• Claimant profile data, claim date 12/12/10;

• Letter from the Claimant, describing losses;

• IRS Form 1040A, 2009, showing adjusted gross income of $11,118.00;

• IRS Form 1040, 2010, showing adjusted gross income of $11,253.00;

• IRS Form 1040A, 2007, showing adjusted gross income of $10,856.00;

• IRS Form 1040A, 2008, showing adjusted gross income of $11,076.00;

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

claim (EAP) to RP/GCCF. The Claimant was assigned Claimant ID 1057845 and EAP was 

assigned Claim # 3028468. This claim was paid in the amount of $3,800.00 on 22 December 

2010.5

The Claimant also submitted a Full Review Final claim (FRF) to the RP/GCCF, which was 

assigned Claim # 9010667. Information available to the NPFC indicates that the Claimant 

accepted a Quick Pay final payment regarding this claim.6

5 GCCF Claimant Status, accessed on 28 September 2011.

6 GCCF Claimant Status, accessed on 28 September 2011.

 
On 26 September 2011, the Claimant presented this claim to the NPFC seeking $22,000.00 in 

loss of profits and impairment of earnings capacity. The NPFC may adjudicate this claim to the 

extent that it was first presented to the RP/GCCF. Any damage amounts now before the NPFC, 

which were not first presented to the RP/GCCF are denied for improper presentment.7

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, (1) the Claimant has accepted a Quick Pay final payment, waiving 

any rights he may have to recover damages from the OSLTF regarding this incident, (2) the 

Claimant has not demonstrated that he sustained an actual financial loss, and (3) the Claimant 

has not established that any losses he may have incurred were caused by effects of the Deepwater 

Horizon oil spill.

1. Release of Rights to the GCCF

Information available to the NPFC indicates that the Claimant has received an EAP and Quick 

Pay payment totaling $8,800.00.8 The RP/GCCF requires that a Claimant execute a Release and 

Covenant Not to Sue in return for a Quick Pay final payment.9

 Because the Claimant has 

accepted a Quick Pay final payment, and signed a Release and Covenant Not to Sue, the 

Claimant has released any rights to additional recovery regarding this injury to the RP/GCCF.10

Any payment from the Oil Spill Liability Trust Fund (the Fund) requires the acquisition of rights 

from the RP. Because these rights have been released by the Claimant to the RP/GCCF, the 

Claimant cannot also recover from the Fund.

If the Claimant believes that payments received from the RP/GCCF are for damages other than 

those that are the subject of this claim, the Claimant must explain this in his request for 

reconsideration.11 The Claimant must also include copies of any and all waivers and covenants 

signed by the Claimant regarding injuries related to the Deepwater Horizon oil spill.

2. No Showing of Financial Loss

In order to prove a claim for loss of profits and impairment of earnings capacity, a Claimant must 

demonstrate that he sustained an actual loss or reduction of profits or earnings capacity. 

According to the Claimant’s IRS Account Transcripts, the Claimant reported an adjusted gross 

income of $11,076.00 in 2008, $11,118.00 in 2009 and $11,253.00 in 2010.12 The Claimant has 

not demonstrated that his income was either lost or reduced in 2010 following the Deepwater 

Horizon oil spill. Rather, the Claimant’s income remained steady in 2008, 2009 and 2010. 

Therefore, the Claimant has not demonstrated that he sustained an actual financial loss.

7 33 C.F.R. §136.103(a). 8 Optional OSLTF Claim Form, dated 19 September 2011.

9 The Claimant stated the he could not provide a copy of the Notice of Quick Payment Determination.

10 Standard GCCF Notice of Quick Payment Final Claim Determination. 11 33 C.F.R. § 136.115. 12 IRS Account Transcripts, provided by the Claimant.

 
3. No Showing of Effects of the Deepwater Horizon Oil Spill.

In order to prove a claim for loss of profits and impairment of earnings capacity, a Claimant must 

demonstrate that any losses the Claimant sustained were caused by the discharge of oil resulting 

from the Deepwater Horizon oil spill.

The Claimant has not provided any documentation to demonstrate that the losses he alleged to 

have incurred were caused by the Deepwater Horizon oil spill. In a phone conversation with the 

NPFC, the Claimant stated that he lost his job with “Shop and Save Fish Market” (Market) in 

Mobile, Alabama due to effects of the Deepwater Horizon oil spill.13 A representative of the 

Market (actually called the “Shop and Save Meat Market”) stated that the Claimant was let go 

from his position for reasons unrelated to the oil spill.14

This claim is denied because (1) The Claimant accepted a Quick Pay final payment, releasing his 

rights regarding losses related to the Deepwater Horizon oil spill to the RP/GCCF, (2) the 

Claimant has not demonstrated that he sustained a financial loss, and (3) has not demonstrated 

that the losses the Claimant alleged to have incurred, were caused by effects of the Deepwater 

Horizon oil spill.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 10/2/11

Supervisor’s Action: Denial approved

Supervisor’s Comments:

13 PHONECON: NPFC Staff and the Claimant, 28 September 2011. 14 PHONECON: NPFC Staff and Shop and Save Meat Market.