CLAIM SUMMARY / DETERMINATION FORM

Claim Number : N10036-1425

Claimant : Michael Fusi

Type of Claimant : Private (US)

Type of Claim : Loss of Profits and Earning Capacity

Amount Requested : $15,000.00

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 14 September 2011, Mr. Michael Fusi (Claimant) presented a claim to the Oil Spill Liability 

Trust Fund (OSLTF) for $15,000.00 in loss of profits and impairment of earnings capacity 

resulting from the Deepwater Horizon oil spill.1

 The Claimant worked as a trucking dispatcher 

for RCM Transportation, Inc., and asserted that he lost wages, and ultimately his job, because of 

impacts of the oil spill.2

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.

(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.

1

 Claim presentation letter received 14 September 2011. 2

 Claim presentation letter received 14 September 2011.

 
(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. 

With limited exceptions, 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.

DETERMINATION OF LOSS 

Claimant’s Submission to the OSLTF

The Claimant represents having filed claim with the Gulf Coast Claims Facility prior to 

presentment to the NPFC. The Claimant did not indicate the date of presentment or the amount 

of his claim to the responsible party, but did provide claim number 3533289.

3

 Based on 

independent research by the NPFC, the Claimant presented an Interim Payment Claim in the 

amount of $10,000.00 to the RP/GCCF on 25 July 2011 and revised the amount of that claim to 

$23,000.00 on 20 September 2011. GCCF Claimant ID Number 3533289 was assigned to both 

of these claims by the RP/GCCF and both have been denied.4 

On 14 September 2011, the Claimant presented this claim to the Oil Spill Liability Trust Fund 

(OSLTF).5

 The claimed amount of $15,000.00 is for loss of income for reduced hours, then for 

losing his job as a trucking dispatcher.

6

 The location of the Claimant’s job was in North Port, 

Florida.7

 

The Claimant asserted that after the oil spill his pay was cut, his company phone was taken 

away, and that he was forced to work weekends without compensation.8

 The Claimant also 

asserted that gas prices and lower demand for seafood slowed his employer’s business. The 

Claimant further stated that, having worked on a Friday night, the office was empty when he 

came back on the next Monday morning as his boss had moved the business up North. 9

In support of this claim, the Claimant presented the following documentation:

• Claim presentation letter received 14 September 2011;

3

 Claim presentation letter received 14 September 2011. 4

 GCCF – U.S. Coast Guard Report as of 6 October 2011. 5

 Claim presentation letter received 14 September 2011. 6

 Claim presentation letter received 14 September 2011. 7

 2009 and 2010 W-2 Forms from RCM Transportation, Inc. 8 Claim presentation letter received 14 September 2011. 9 Claim presentation letter received 14 September 2011.

 
• 2009 W-2 Form from FLUB-34, Inc.;

• 2009 Form W-2 from RSM Transportation, Inc.;

• 2010 Form W-2 from RSM Transportation, Inc.

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 

profits or impairment of earning capacity 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 NPFC considered all documentation presented by the Claimant.

In support of his alleged financial losses, the Claimant provided W-2 Forms from his previous 

employer, RSM Transportation, Inc. for the years 2009 and 2010. The Claimant provided no 

documentation that would support lost hours, out-of-pocket costs, the date or nature of his 

departure from his previous employer, or the method of how his alleged losses claimed were 

determined.

Regarding the causation of his alleged losses, the Claimant indicated that that gasoline prices and 

the increased costs of seafood affected his hours and his job. The Claimant did not provide 

documentation from his employer stating the reason for the Claimant’s job loss or other 

documentation linking the oil spill to his employer. The NPFC conducted an independent 

investigation into the Claimant’s departure from RSM Transportation and found that the 

company offices did relocate to Binghamton, New York, but neither the relocation nor the 

Claimant’s termination had anything to do with the BP oil spill or any other oil spill.

This claim is denied for the following reasons: (1) Claimant has failed to provide financial 

documentation that shows the alleged loss was incurred, and (2) Claimant has failed to 

demonstrate that the alleged loss is due to injury or destruction or loss of real or personal 

property or a natural resource as a result of a discharge or a substantial threat of a discharge of 

oil.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 10/12/11

Supervisor’s Action: Denial approved

Supervisor’s Comments: