CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1632

Claimant Rohr Services, LLC

Type of Claimant Private (US)

Type of Claim Loss of Profits or Impairment of Earning Capacity

Amount Requested $33,320.00

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 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.

On 08 March 2012, the United States District Court, Eastern District of Louisiana issued a "Transition 

Order" (TO) limiting the GCCF's ability to accept, process, or pay claims except as provided in that order. 

The TO created a Transition Process (TP) to facilitate the transition of the claims process from the GCCF 

to a proposed Court Supervised Settlement Program (CSSP). The Court granted Preliminary Approval of 

the proposed settlement agreement on 02 May 2012, and the CSSP began processing claims on 04 June 

2012.

CLAIM AND CLAIMANT

On 28 December 2011, Mr. Larry Johnson, on behalf of Mr. Greg Rohr, principal of Rohr Services, LLC

(collectively, “the Claimant”) submitted a claim to the Oil Spill Liability Trust Fund (OSLTF) seeking 

$33,320.00 in loss of profits and impairment of earning capacity damages resulting from the Deepwater 

Horizon oil spill.

1

Claimant is a North Carolina corporation which provides diving worksite representatives for various 

offshore projects. At the time of the oil spill, the Claimant was in the process of fulfilling a contract to 

provide services to a certain rig located in the Gulf of Mexico. The location of the rig was such that the 

Claimant would have been required to travel through an area of the Gulf which was closed as a result of 

the oil spill, in order to fulfill duties under his contract. As a result, the project was cancelled on April 30, 

2010 and was not rescheduled.2

The Claimant seeks to recover $33,320.00, which he alleged he would have earned had the project not 

been cancelled.

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 water, adjoining 

shorelines, or the exclusive economic zone of the United States, as described in § 2702(b) of OPA. 

The OSLTF 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. 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 Original submission documents, received on 28 December 2011.

2 Original submission documents, received on 28 December 2011.

 
(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; and

(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 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.

Under 33 U.S.C. § 2712(f), payment of any claim or obligation by the Fund under OPA shall be subject to 

the United States Government acquiring, by subrogation, all rights of the claimant or State to recover 

from the responsible party.

DETERMINATION OF LOSS 

Claimant’s Submission to the NPFC

The Claimant submitted the following documentation in support of this claim:

− Original Submission, consisting of 145 pages of supporting documentation;

− Responses to NPFC requests for additional information.

− BP Claims Process, Full and Final Release, Settlement and Covenant Not To Sue, signed on 4 

January 2013.

On 14 October 2010, the Claimant submitted a Final Payment claim to the GCCF, in which the Claimant 

sought to recover $33,320.00 in loss of profits damages. The Claimant was assigned Claimant ID 

2172703 and the Final claim was assigned claim # 9043527. The GCCF denied payment on this claim, 

prompting the Claimant to resubmit the claim as a Full Review Final (FRF) claim on 4 June 2011. The

FRF claim was assigned claim # 9394277 and was also denied by the GCCF.3

 

On 28 December 2011, the Claimant submitted this claim to the NPFC seeking $33,320.00 in loss of 

profits or impairment of earning capacity damages. It appears then, that all damages now presented to the 

NPFC, have been first presented to and denied by the RP or its representative. As such, OPA presentment 

requirements have been met.4

3 Deepwater Horizon Claims Center USCG Report, 13 August 2012. 4 33 C.F.R. § 136.103(a).

 
Furthermore, evidence in this claim submission indicates that the Claimant has opted out of the 

Deepwater Horizon oil spill economic and property damages class action settlement (the E&PD 

Settlement).

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 all evidence, information, and documentation deemed 

necessary by the Director, NPFC, to support the claim.

According to 33 U.S.C. § 2712(f), 

[p]ayment of any claim or obligation by the Fund under this Act shall be subject to the 

United States Government acquiring by subrogation all rights of the claimant or State to 

recover from the responsible party.

Information presented by the Claimant indicates that the Responsible Party has compensated the Claimant 

a total of $33,320.00 as full and final payment.5 The Claimant executed a Release and Covenant Not to 

Sue in return for final payment on 4 January 2013.

6 By signing this document, the Claimant has fully 

settled his claim for damages resulting from the Deepwater Horizon oil spill. In doing so, he has waived 

any rights to recovery from the NPFC for alleged injuries resulting from effects of the Deepwater Horizon 

oil spill.

Based on the foregoing, this claim is denied because the Claimant has signed a Full and Final Release in 

exchange for Final Payment from the Responsible Party, thereby precluding any further payments from 

the NPFC and OSLTF.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 1/10/13

Supervisor’s Action: Denial approved

Supervisor’s Comments: 

5 Full and Final Release, Settlement, and Covenant Not To Sue, signed on 4 January 2013.

6 Full and Final Release, Settlement, and Covenant Not To Sue, signed on 4 January 2013.