CLAIM SUMMARY/DETERMINATION FORM

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 29 February 2012, Arthur S. Barksdale IV, Esq., on behalf of Ms. Angela Jones-Pyles (the Claimant), 

presented a claim to the National Pollution Funds Center (NPFC) seeking $46,880.29 for loss of profits 

and impairment of earnings capacity that allegedly resulted from the Deepwater Horizon oil spill.1

The Claimant allegedly worked for Bruce Camacho Bail Bonds from April 2009 to May 2010.2

 The 

Claimant asserts that as a result of the Deepwater Horizon oil spill, “the bail bonds business dropped so 

dramatically that Bruce [her employer] had to let his entire staff go” and consequently she was laid off 

from her alleged position at Bruce Camacho Bail Bonds.3 The Claimant also alleged despite actively 

pursuing new employment, she has been unemployed since May 2010 with the exception of mowing 

“some lawns here and there”, working for four months as a mover for Northern Van Lines, and 

babysitting neighbors’ children.4, 5

The Claimant is seeking $46,880.29 based on her loss calculated for 2010 and 2011 in addition to the 

average monthly income loss from 2010 and 2011 forecasted for 24 months of future damages.6

APPLICABLE LAW

The Oil Pollution Act of 1990 (OPA) provides that each responsible party for a vessel or facility from 

which oil is discharged into or upon the navigable waters or adjoining shorelines or exclusive economic 

zone is liable for removal costs and damages. 33 U.S.C. § 2702(a). Damages include the loss of profits 

or impairment of earning capacity due to the injury, destruction or loss of real property, personal property, 

or natural resources, which shall be recoverable by any claimant. 33 U.S.C. § 2702(b)(2)(E).

The OSLTF, which is administered by the NPFC, 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. With certain exceptions a claim must first be presented to the responsible party. 33 

U.S.C. § 2713(a). If the claim is either denied or not settled by any person by payment within 90 days 

after the date on which it was presented, the claimant may elect to commence an action in court or present 

the claim to the OSLTF. 33 U.S.C. § 2713(c).

1 Letter from Arthur S. Barksdale IV, Esq. to NPFC dated 29 February 2012..

2 Letter from Claimant to NPFC.

3 Letter from Claimant to NPFC.

4 Letter from Claimant to NPFC.

5 Document titled “Answers to Coast Guard Deficiency Letter – Angela Jones-Pyles.” 6 Document titled “Deep Water Horizon oil Spill 4/20/2010 Lost Earnings/Income Worksheet.”

Claim Number N10036-1698

Claimant Angela Jones-Pyles

Type of Claimant Personal 

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $46,880.29

 
Pursuant to the claims regulations, 33 C.F.R. § 136.233, a claimant must establish the following to prove 

loss of profits or impairment of earning capacity:

(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 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 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.

DETERMINATION OF LOSS

The Claimant’s Submission to the OSLTF

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

- Claim cover letter from Arthur S. Barksdale IV, Esq. dated 29 February 2012;

- Email from Claimant’s attorney office to the NPFC dated 29 February 2012;

- Document titled “NPFC Authorization Agreement” signed by Claimant 09 February 2012;

- GCCF denial letter dated 10 December 2011;

- GCCF Full Review Final Payment Claim Form signed by Claimant 13 September 2011;

- Document titled “Deep Water horizon Oil Spill 4/20/2010 Lost Earnings/Income Worksheet” 

dated 15 October 2011;

- Copy of Claimant’s driver license;

- Letter from Claimant;

- Letter from Bruce Camacho to Claimant dated 07 December 2010;

- Letter from Bruce Camacho;

- 2008 Form 1040 U.S. Individual Income Tax Return;

- 2009 Form 1040 U.S. Individual Income Tax Return;

- 2010 Form 1040 U.S. Individual Income Tax Return;

- GCCF Client Authorization Form dated 13 September 2011;

- Email from Claimant’s attorney office to the NPFC dated 20 April 2012;

- Document titled “Answers to Coast Guard Deficiency Letter – Angela Jones-Pyles”;
- Document titled “Requested Documents for Coast Guard Deficiency Letter – Angela JonesPyles.”

The Claimant seeks lost profits and impairment of earnings capacity in the amount of $46,880.29.

Prior to presenting her claim to the NPFC, the Claimant filed an Emergency Advance Payment (EAP) 

with the GCCF on 19 November 2010 in the amount of $12,000.00.7 She was assigned Claimant ID 

#3411121 and claim #486898. This claim was denied.8

 She also filed an Interim Claim (IC) on 08 March 

2011 in the amount of $23,000.00.9 She was assigned claim #9316871 and it was denied.10 Additionally, 

the Claimant filed a Full Review Final (FRF) claim on 26 October 2011 with the GCCF for $46,880.29.11 

She was assigned claim #9526895. This claim was denied on 10 December 2011.12 

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 her claim before the NPFC, i.e., that a reduction in 

income occurred as result of the Deepwater Horizon oil spill. The NPFC deems each of Claimant’s three 

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 #N10036-1698 considers and 

addresses the earnings claimed in all of the three claims presented to the responsible party, specifically; 

GCCF Claim #’s 486898 (EAP), 9316871 (IC), and 9526895 (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 NPFC considered all the 

documentation submitted by the Claimant. 

In order to prove a claim for loss of profits and impairment of earning capacity damages, a claimant must 

provide documentation sufficient to prove (1) that the claimant sustained an actual financial loss, and (2) 

that the loss was caused by the discharge of oil resulting from the Deepwater Horizon oil spill. 

In connection with a review of this claim, the NPFC sent the Claimant a letter requesting 

additional information in order to further evaluate her claim. The letter requested, among other 

things, financial documentation from her alleged employer Bruce Camacho Bail Bonds for an 

accurate accounting of the Claimant’s losses. The NPFC request was sent on 03 April 2012.13 

On 20 April 2012, the Claimant replied to the letter. She stated she is unable to provide any W-2, 

1099, paystubs, or financial documents from her alleged employment.14 Without documentation 

to prove that she worked for Bruce Camacho Bail Bonds or to calculate her alleged sum certain 

the Claimant has failed to meet the requirements of 33 C.F.R. § 136.231-235 to establish a claim 

for loss of profits or impairment of earnings capacity. 

This claim is denied because the Claimant failed to meet her burden to demonstrate (1) that she has an 

alleged loss in the amount claimed, and (2) that her 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.

7 Report from GCCF dated 17 April 2012.

8 Report from GCCF dated 17 April 2012.

9 Report from GCCF dated 17 April 2012.

10 Report from GCCF dated 17 April 2012. 11 Report from GCCF dated 17 April 2012. 12 GCCF Denial Letter dated 10 December 2012. 13 USPS tracking # 7011 1570 0001 2446 3459. 14 Letter from the Claimant to the NPFC answering the NPFC’s questions. 

 
Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 4/30/12

Supervisor’s Action: Denial approved

Supervisor’s Comments: