CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1422

Claimant Georges Kelly Jeune

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $20,000.00

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 14 September 2011, Georges Kelly Jeune (the Claimant) presented a claim to the Oil 

Spill Liability Trust Fund (OSLTF) for $20,000.00 for loss of profits and impairment of 

earnings capacity resulting from the Deepwater Horizon oil spill. 

The Claimant allegedly worked for a company named Wellcrafts. The Claimant stated 

that due to the oil spill the company had to let him go. He has spent over a year without a 

job.1

 The Claimant alleged a loss of earnings because Wellcrafts let him go. The 

original claim submission and the Claimant’s response to the NPFC’s request for 

additional information provided few facts concerning the claim.

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:

1 OSLTF Claim Form signed by Claimant 01 September 2011

2

 
(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, Claimant submitted the following documentation:

• OSLTF Claim Form signed by Claimant 01 September 2011;

• Page 1 of Form 1040 US Individual Income Tax Return for 2008 and 2010;

• Schedule EIC Earned Income Credit for 2009 Tax Return.

On 21 September 2011, the NPFC sent the Claimant a letter requesting additional 

information in order to further evaluate the claim. On 17 October 2011, the Claimant 

responded to the request.

3
Before presenting the claim to the NPFC, the Claimant filed an Emergency Advance 

Payment (EAP) with the GCCF on 16 November 2010 in the amount of $25,000.00.

2

 

The claim was assigned Claimant ID #3402906 and claim #476268. The EAP claim was 

denied on 03 December 2010.

3

 Additionally, Claimant filed a Full Review Final (FRF) 

claim with the GCCF on 19 January 2011 in the amount of $25,000.00.

4

 The claim was 

assigned claim #9227071. The FRF claim was denied on 30 July 2011.

5

Based upon the evidence provided by the Claimant, it appears that the subject matter of 

the GCCF claims is the same as the subject matter of the claim before the NPFC, i.e., 

Claimant lost earnings as a result of the Deepwater Horizon oil spill. The NPFC deems 

the GCCF claims to be properly presented to the Responsible Party. To the extent the 

amount of the claims presented to the Responsible Party are equal to or greater than the 

amount currently presented to the NPFC, the subject claim is properly presented to the 

NPFC. Accordingly, this Claim Summary Determination for NPFC Claim N10036-1422

considers and addresses the loss of earnings up to the amount of $20,000.00 for all claims 

presented to the Responsible Party, specifically: GCCF Claim #476268 EAP and 

#9227071 FRF.

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 or destruction or loss of real or personal property or 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 the claim. 

The Claimant has not provided sufficient documentation to support the amount of the 

alleged loss of earnings nor has his provided sufficient evidence to demonstrate that his 

loss was due to the Deepwater Horizon oil spill. On 21 September 2011, the NPFC 

requested additional information in order to further evaluate the claim. On 17 October 

2011, the Claimant responded to the NPFC’s request for additional information and 

included W-2s from Wellcrafts, a letter from his employer, and contact information for 

his employer.6 The Claimant answered none of the NPFC questions and provided only 

copies of page 1 of his Form 1040 US Individual Income Tax Return for 2010 and his

Schedule EIC Earned Income Credit from his 2009 Tax Return. 

Based on the documentation submitted, the NPFC was unable to verify a loss or

causation for the alleged loss. Additionally, the NPFC has not been able to confirm the

reason(s) the Claimant was let go by his employer. 

2 Report from the GCCF dated 06 October 2011

3 GCCF Denial Letter dated 03 December 2010

4 Report from the GCCF dated 06 October 2011

5 GCCF Denial Letter dated 30 July 2011

6 NPFC certified letter USPS 7011 1150 0000 4636 2076

4

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

that there was an alleged loss in the amount claimed, 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.

Should the Claimant decide to request reconsideration, the Claimant would need to fully 

address the inquiries presented in the additional information request remitted to the 

Claimant on 21 September 2011, including all questions and requests for documentation

that were not previously provided.

Claim Supervisor: Claims Adjudication Division

Date of Supervisor’s Review: 19 October 2011

Supervisor’s Action: Denial approved

Supervisor’s Comments:

5