CLAIM SUMMARY / DETERMINATION FORM

Claim Number : N10036-1567

Claimant : Allen Holder

Type of Claimant : Private (US)

Type of Claim : Loss of Profits and Earning Capacity

Amount Requested : $2,000.00

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 17 November 2011, Allen Holder (Claimant) presented an optional Oil Spill Liability Trust 

Fund (OSLTF) claim form seeking $2,000.00 for loss of profits and impairment of earnings 

capacity to the National Pollution Funds Center (NPFC) alleging damages resulting from the 

Deepwater Horizon oil spill. 

The Claimant is an unlicensed electrician who provides electrical work independent of a 

company.

1

 The Claimant takes an annual two week vacation to Biloxi Mississippi during the 

summer.

2

 The Claimant asserted that he canceled four electrical jobs in the amount of $2,000.00 

in order to take his annual vacation but ultimately couldn’t take his annual vacation due to the 

Deepwater Horizon oil spill.3 The Claimant alleged that because the oil spill happened, he had 

to cancel his vacation and thus should be reimbursed for the four jobs he cancelled in order to 

take his vacation.4

Prior to presenting his claim to the NPFC, the Claimant filed an Emergency Advance Payment 

(EAP) with the GCCF on 07 October 2010 in the amount of $1,000.00.5

 He was assigned 

Claimant ID #1094682 and claim #174965.6

 This claim was denied on 07 December 2010.7

Additionally, the Claimant filed a Full Review Final claim (FRF) with the GCCF on 08 

December 2010 for $1,000.00; he was assigned GCCF #9014533.8 The FRF claim was denied 

on 07 November 2011.9

 Based upon the evidence provided by the Claimant, it appears that the 

subject matter for each of the GCCF claims is the same as the subject matter of his claim before 

the NPFC, i.e., that he lost earnings as a result of the Deepwater Horizon oil spill. The NPFC 

1 Letter to the GCCF from the Claimant explaining his claim undated. 

2 Letter from the Claimant explaining his loss dated 18 October 2010. 

3 Letter from the Claimant explaining his loss dated 18 October 2010. 4 Letter from the Claimant explaining his loss dated 18 October 2010.

5 Report from the GCCF dated 05 December 2011. 

6 Report from the GCCF dated 05 December 2011.

7 GCCF Denial Letter dated 07 December 2010. 

8 Report from the GCCF dated 05 December 2011. 9 GCCF Denial Letter dated 07 November 2011. 

 
deems both of the claims denied GCCF claims to be properly presented to the responsible party 

and properly presented to the NPFC. Accordingly, this Claim Summary determination for NPFC 

Claim N10036-1567 considers and addresses the earnings claimed in both of the claims 

presented to the responsible party, specifically; GCCF Claim #’s 174965 (EAP) and 9014533 

(FRF1).

REQUEST FOR RECONSIDERATION:

On December 18, 2011, the Claimant sent a request for reconsideration to the NPFC stating he 

would like the NPFC to reconsider his claim. 

The NPFC denied the claim originally on December 13, 2011 because the Claimant alleged lost 

income from four electrical jobs that he individually cancelled in order to take a vacation to 

Biloxi Mississippi.10 The Claimant stated that he could not vacation in Biloxi Mississippi 

because of the Deepwater Horizon oil spill.11 The four cancellations were not cancelled due to 

the Deepwater Horizon oil spill but instead were unilaterally cancelled by the Claimant due to 

his change in vacation plans.12 There is no evidence that the four job opportunities were not still 

available when he planned to come back from his vacation or that he could not perform the work 

at another date in 2010. Accordingly, the Claimant has provided no documentation to 

substantiate his alleged loss of profits and impairment of earnings capacity or to show that his 

alleged loss of earnings was due to the Deepwater Horizon oil spill. 

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

has an alleged loss in the amount claimed, and (2) that his 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.

RECONSIDERATION CLAIM ANALYSIS:

The claimant requested reconsideration which was received by the NPFC on January 3, 2012. 

The Claimant provided a one-page letter that requested his claim be reconsidered because the 

Claimant stated he feels he provided all the documents needed. It is important to note that the 

Claimant provided no new information pertinent to his alleged losses in support of his request for 

reconsideration. 

NPFC Determination on Reconsideration

Under 33 CFR 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 CFR § 136.233, a claimant must establish loss of profits or 

impairment of earning capacity and that the loss was due to the destruction or injury to real or 

personal property or natural resources. The NPFC considered all the documentation submitted 

by the Claimant. The request for reconsideration must be in writing and include the factual or 

legal grounds for the relief requested, providing any additional support for the claim. 33 CFR 

136.115(d). 

10 Letter from the Claimant explaining his loss dated 18 October 2010. 11 Letter from the Claimant explaining his loss dated 18 October 2010. 12 Letter from the Claimant explaining his loss dated 18 October 2010.

 
The NPFC performed a de novo review of the entire claim submission upon reconsideration. 

The NPFC performed a complete review of the documentation presented by the Claimant. The 

request for reconsideration was a one-page letter reiterating that he did cancel four jobs to take a 

vacation but he again asserted that he was unable to take the vacation due to the oil spill. The 

Claimant further stated that he was unable to get in contact with the four clients after the oil spill 

and as such, feels he is entitled to compensation.

Based on the evidence presented to the NPFC, the Claimant provided no new evidence or 

information that would persuade the NPFC to change its original denial determination.

As such, the Claimant has again failed to demonstrate that he has suffered a loss 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.

Based on the foregoing information, this claim is denied upon reconsideration.

Claim Supervisor: Thomas Morrison

Date of Supervisor’s review: 1/6/12

Supervisor Action: Denial on reconsideration approved

Supervisor’s Comments: