CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1498

Claimant Mr. Joseph C. Britz, Jr.

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $18,000.00

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 12 October 2011, Mr. Joseph C. Britz, Jr. (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) seeking $18,000.00 in loss of profits and impairment of earnings

capacity allegedly resulting from the Deepwater Horizon oil spill.1

At the time of the oil spill, the Claimant was working as a full-time server at La Playa Beach and 

Golf Resort in Naples, Florida.2

 The Claimant alleged that because of the Deepwater Horizon 

oil spill, guests cancelled reservations at the resort, and those who stayed were hesitant to order 

seafood at the resort’s restaurant where the Claimant worked as a server.3 The Claimant alleged 

that this resulted in a decrease in tips, and a general reduction in his earnings.4

The Claimant has been compensated a total of $18,228.64 by the RP/GCCF, and seeks an 

additional $18,000.00 in loss of earnings, to cover “past, present and unforeseen future 

damages.”5

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 Optional OSLTF Claim Form, dated 19 September 2011. 

2 Letter from the Claimant to the NPFC describing losses, undated.

3 Letter from the Claimant to the NPFC describing losses, undated.

4 Letter from the Claimant to the NPFC describing losses, undated. 5 Letter from the Claimant to the NPFC describing losses, undated.

 
(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, the Claimant submitted the following documentation:

• Optional OSLTF Claim Form, dated 1 October 2011;

• Instructions, Optional OSLTF Claim Form;

• Letter from the Claimant to the NPFC, describing losses;

• Letter indicating the Claimant’s 2008/2009 employment;

• Map showing location of the Claimant’s place of employment;

• Map showing location of the Claimant’s place of employment;

• Article describing possible effects of the Deepwater Horizon oil spill;

• 2010 Form W-2 Wage and Tax Statement, showing wages of $36,490.97;

• Letter from La Playa Beach & Golf Resort, certifying validity of pay stubs;

• Earnings Statement/copies of pay checks, January 15, 2010 – December 31, 2010.

Prior to presentment to the NPFC, the Claimant presented two Third Quarter Interim Payment 

Claims (ICQ32011s) to the RP/GCCF, seeking lost profits and impairment of earnings. The 

Claimant was assigned Claimant ID 7253878 and the ICQ32011s were assigned claim # 
9409666, and # 9419005. The Claimant received an interim payment from the GCCF in the 

amount of $5,682.14, in a determination letter dated 7 July 2011.6

 

The Claimant then filed a Full Review Final (FRF) payment claim, which was assigned Claim # 

9132427. Upon Re-Review, the RP/GCCF issued final payment on this claim in the amount of 

$12,546.50 in a letter dated 1 September 2011.7

 The Claimant has indicated that he has accepted 

this final payment, and has been compensated a total of $18,228.64 by the RP/GCCF regarding 

his alleged losses.8

On 12 October 2011, the Claimant presented this claim to the NPFC, seeking an additional 

$18,000.00 in loss of profits and impairment of earnings capacity allegedly resulting from the 

effects of the Deepwater Horizon oil spill.9 The Claimant has previously presented losses 

associated with this particular injury, i.e., alleged lost earnings in his position as a server at La 

Playa Beach and Golf Resort, but alleged that he has not been fully compensated by the 

RP/GCCF.10

The NPFC may properly adjudicate this claim to the extent that these damages have first been 

presented to the RP/GCCF. The Claimant stated that he initially submitted his claim to the 

RP/GCCF seeking damages in the amount of about $50,000.00.11 Therefore, the NPFC may 

consider the entirety of this claim in the amount of $18,000.00, as now before the NPFC.

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.

As an initial matter, only actual losses incurred, and not future losses, are compensable under 

OPA. 33 C.F.R. § 136.235 specifically states that “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 (emphasis added).” Therefore, any damages 

presented in this claim, which represent losses not yet incurred by the Claimant, are denied. The 

remainder of this determination addresses losses incurred from the date of the oil spill, to the 

date that this claim was presented to the NPFC, on 12 October 2011. 

The remainder of this claim is denied because the Claimant has waived any rights to further 

recovery regarding losses allegedly sustained as a result of the Deepwater Horizon oil spill, in 

return for final payment from the RP/GCCF. 

Information available to the NPFC indicates that the Claimant has received a Third Quarter 

Interim Payment, as well as Final Payment from the RP/GCCF for total payment of 

$18,228.64.12 The RP/GCCF requires that a Claimant execute a Release and Covenant Not to 

6 GCCF Claimant Status, accessed on 19 October 2011.

7 GCCF Re-Review Determination Letter on Final Payment Claim, 1 September 2011. 8 Optional OSLTF Claim Form, dated 1 October 2011. 9 Optional OSLTF Claim Form, dated 1 October 2011.

10 Optional OSLTF Claim Form, dated 1 October 2011. 11 PHONECON: NPFC Staff and the Claimant, 19 October 2011. 12 Optional OSLTF Claim Form, dated 1 October 2011.

 
Sue in return for Final Payment.13 Because the Claimant has accepted 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.14 The Release executed by the Claimant 

specifically states, 

By signing this document, you are forever waiving and releasing all claims that 

you may have against BP or any other party . . . in connection with the 

[Deepwater Horizon oil spill].15

The Claimant has therefore waived rights to further recovery regarding the losses presented to 

the NPFC. 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. 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.

This claim is denied because the Claimant has settled his claim with, and accepted a final 

payment from, the RP/GCCF, thereby releasing his rights to further recovery regarding these 

damages, allegedly arising from the Deepwater Horizon oil spill.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 10/20/11

Supervisor’s Action: Denial approved

Supervisor’s Comments:

13 The Claimant stated the he could not provide a copy of the Notice of Quick Payment Determination. 14 Standard GCCF Notice of Quick Payment Final Claim Determination. 15 GCCF Release and Covenant Not to Sue.