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 03 August 2011, Terence Clay Brooks, (the Claimant) presented an Optional Oil Spill Liability 

Trust Fund (OSLTF) Claim Form to the National Pollution Funds Center (NPFC) seeking $20,000.00 

in loss of profits and impairment of earnings capacity and $10,000.00 in loss of subsistence use, for a 

total of $30,000.00 in damages that allegedly resulted from the Deepwater Horizon oil spill.

At the time of the Deepwater Horizon oil spill, the Claimant worked as a fisherman in the Louisiana 

regions of Cocodrie, Chavin, Dulac and Pointe Aux Chenes.1

 The Claimant sold some of his catch 

and used the rest for his personal consumption. 2

 The Claimant asserted that, due to the Deepwater 

Horizon oil spill, the fishing areas referenced above were closed, preventing the Claimant from 

fishing.3

 As a result of not being able to fish in those areas, the Claimant asserted he lost income in 

2010, as well as the loss of his own personal consumption of seafood.4

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 

1 Optional OSLTF Claim Form received 03 August 2011.

2 Optional OSLTF Claim Form received 03 August 2011.

3 Optional OSLTF Claim Form received 03 August 2011.

4 Optional OSLTF Claim Form received 03 August 2011.

Claim Number N10036-1419

Claimant Terence Clay Brooks 

Type of Claimant Private (US) 

Type of Claim Loss of Profits and Impairment of Earnings Capacity, Loss of Subsistence Use

Amount Requested $30,000.00

 
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).

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 his claim, the Claimant presented the following documentation to the NPFC:

- Optional OSLTF Claim Form received 03 August 2011;

- Letter from the Claimant dated 22 July 2011;

- Emails between the Claimant and the GCCF with dates 02 January 2011 and 03 January 

2011;

- Emails between the Claimant and the GCCF with dates 17 January 2011 and 19 January 

2011;

- Emails between the Claimant and the GCCF dated 15 February 2011;

- Emails between the Claimant and the GCCF dated 23 May 2011;
- Emails between the Claimant and the GCCF dated 10 June 2011;

- Emails between the Claimant and the GCCF dated 29 June 2011;

- State of Louisiana Department of Wildlife and Fisheries Licensing, Official Commercial 

License with expiration date 31 December 2007;

- Photocopy of Louisiana Commercial License [writing unreadable];

- Fishing Trip Receipts for dates 02 March 2009, 06 March 2009, 28 March 2009 (2);

- Fishing Trip Receipts for dates 03 April 2009 (5) and 22 April 2009;

- Fishing Trip Receipts for dates [no date] May 2009, 01 May 2009, 14 May 2009, 16 May 

2009 (2) and 28 May [no year];

- Fishing Trip Receipts for dates 30 May 2009 (3), 03 June 2009 (3).

Prior to presenting this Claim to the NPFC and before the formation of the GCCF, the Claimant filed 

a claim with BP on 02 June 2010.5

 BP issued payment on this claim in the amount of $2,000.00. 6 

Additionally, the Claimant filed an Emergency Advance Payment (EAP) claim with the GCCF for 

loss of profits and impairment of earnings capacity on 10 September 2010 in the amount of 

$6,000.00.7

 The Claimant was assigned Claimant ID # 1072098 and Claim # 61474. The GCCF 

issued payment in the amount of $6,000.00 for the EAP claim on 27 June 2011.8

 Additionally, the 

Claimant filed Full Review Final Payment claims with the GCCF on 02 November 2010 for loss of 

earning, real property damages, and loss of subsistence use. The Claimant was assigned Claim # 

9014054 for the loss of earnings claim (FRF1) in the amount of $10,000.00. 9

 The Claimant was 

assigned Claim # 9014054 for the real property damages claim (FRF2), which lacked a sum certain.

10 The Claimant was assigned Claim # 9014054 for the loss of subsistence use claim (FRF3) in the 

amount of $5,000.00. 11 Lastly, the Claimant filed a Quick Pay (QP) claim with the GCCF on 12 

January 2011. 12 The Claimant was assigned Claim # 9205407. The GCCF issued final payment on 

the QP claim. 13 

NPFC Determination

The claim is denied. 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.

Information available to the NPFC indicates that the Claimant both requested and accepted a Quick 

Pay Final Claim Payment with the GCCF and signed a Release and Covenant Not to Sue.14 Pursuant 

to the standard GCCF Release and Covenant Not to Sue, the Claimant has released to the RP/GCCF

any rights to additional recovery regarding this injury.15 If the Claimant disagrees with the NPFC’s 

position in this regard and pursues reconsideration of this NPFC determination, he will be required

provide a copy of any and all waivers and covenants signed by the Claimant regarding injuries 

5 Report from the GCCF dated 21 November 2011.

6 Report from the GCCF dated 21 November 2011.

7 Report from the GCCF dated 21 November 2011.

8 GCCF Notice of Determination, Emergency Advance Payment dated 27 June 2011.

9 Report from the GCCF dated 21 November 2011. 10 Report from the GCCF dated 21 November 2011. 11 Report from the GCCF dated 21 November 2011. 12 Report from the GCCF dated 21 November 2011. 13 Report from the GCCF dated 21 November 2011; Claimant’s GCCF Claimant Status Page. 14 GCCF letter to Claimant dated 18 November 2011. 15 GCCF Release and Covenant Not to Sue.

 
related to the Deepwater Horizon oil spill. Further, 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. 

This claim is denied because the Claimant accepted Quick Pay final payment from the GCCF, 

releasing his rights regarding losses related to the Deepwater Horizon oil spill to the RP/GCCF and is 

therefore ineligible for compensation from the OSLTF. 

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 11/28/11

Supervisor’s Actions: Denial approved

Supervisor’s Comments: