CLAIM SUMMARY / DETERMINATION FORM

Claim Number N10036-1434

Claimant Tamara Walker

Type of Claimant Private (US)

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

Amount Requested $14,000.00

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 21 September 2011, Tamara Walker (Claimant) presented an optional Oil Spill Liability 

Trust Fund (OSLTF) claim form seeking $7,000.00 in lost profits and impairment of earnings 

capacity and $7,000.00 for loss of subsistence use to the National Pollution Funds Center 

(NPFC) alleging damages resulting from the Deepwater Horizon oil spill. Her total loss for both 

claims is $14,000.00. 

The Claimant alleges she caught seafood in Southeast Louisiana every weekend.1

 She stated she 

made dinner plates and sold them to support her family.2

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. 

Loss of Earning Capacity

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:

(a) That real or personal property or natural resources have been injured, 

destroyed, or lost.

1 Letter of explanation undated. 

2 Letter of explanation undated. 

 
(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.

Loss of Subsistence Use

The claims regulations (33 C.F.R. §§136.219-223) provide additional requirements for lost 

subsistence use claims. Specifically, each claim for loss of subsistence use of natural resources 

must: 

(a) Be for lost subsistence use and submitted by an eligible claimant;

(b) Identify and describe the actual subsistence use of each specific natural resource for 

which compensation is being claimed;

(c) Describe how and to what extent the claimant’s subsistence use was affected by injury to 

or loss of each specific natural resource;

(d) Describe efforts to mitigate the subsistence use loss; and

(e) Be based on the reasonable cost to replace the lost subsistence use of natural resources.

DETERMINATION OF LOSS 

Claimant’s Submission to the OSLTF

To support her claim, Claimant submitted:

1) Optional OSLTF claim form undated;

2) Letter of explanation undated.
Claimant seeks lost profits and impairment of earnings capacity in the amount of $7,000.00 and 

loss of subsistence use for $7,000.00 for a total of $14,000.00.

On 23 September 2011, the NPFC sent a letter to the Claimant requesting additional information 

in order to further evaluate the claim. The Claimant did not respond to the request. The letter 

was sent Certified Mail Return Receipt Requested. The USPS Tracking site showed the letter 

was delivered 30 September 2011.3

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

(EAP) with the GCCF in the amount of $3,600.00 for lost wages and earnings.4

 She was 

assigned Claimant ID #3155336 and claim #210079. This claim was denied.5

 Additionally, 

Claimant filed a Full Review Final claim (FRF) for subsistence with the GCCF in the amount of 

$8,000.00 she was assigned GCCF #9271536.6 This claim was denied.7 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 she lost profits 

and subsistence use as a result of the Deepwater Horizon oil spill. The NPFC deems each of the 

Claimant’s two 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 N10036-1434 considers and addresses the earnings claimed both of the claims presented 

to the responsible party, specifically; GCCF Claim #’s 210079 (EAP) and 9271536 (FRF).

Under 33 C.F.R. § 136.103(a), all claims for removal costs or damages must be presented first to 

the responsible party (RP). The Claimant presented an EAP for lost wages and earnings in the 

amount of $3,600.00 to the RP. The Claimant then presented a claim for loss of profits and 

impairment of earnings capacity in the amount of $7,000.00 to the NPFC therefore any amount 

claimed in excess of $3,600.00 is hereby denied as not properly presented to the RP. 

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. 

Loss of Subsistence Use

The Claimant asserted that she went fishing and shrimping and sold boiled and fried seafood and 

supper plates each weekend.8 The NPFC requested documentation to support the assertion via 

certified letter delivered to the Claimant’s address 30 September 2011.9

 As of the date of this 

determination, the Claimant has not responded to the requested information. 

3 USPS 7011 1150 0000 4636 2571. 4 Report from the GCCF dated 06 October 2011.

5 Report from the GCCF dated 06 October 2011.

6 Report from the GCCF dated 06 October 2011. 

7 Report from the GCCF dated 06 October 2011. 

8 Letter of explanation undated. 

9 USPS 7011 1150 0000 4636 2571.

 
The subsistence use portion of her 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.

Loss of Earning Capacity

Under 33 C.F.R. § 136.103(a), all claims for removal costs or damages must be presented first to 

the responsible party (RP). Any claimed amount of damages exceeding $3,600.00 was not 

properly presented to the RP/GCCF pursuant to 33 C.F.R. § 136.103(a) and therefore, $3,400.00 

in lost profits is denied.10 

In connection with a review of the $3,600.00 portion of the claim, the NPFC sent the Claimant a 

letter requesting additional information in order to further evaluate her claim.11 The letter 

requested, among other things, financial documentation for an accurate accounting of the 

Claimant’s losses, a copy of her commercial fishing license, and documentation regarding 

causation.12 It was sent on 23 September 2011.13 On 30 September 2011, the Claimant 

acknowledged receipt of the letter however as of the date of this determination, no response has 

been received by the NPFC. The mere assertion of lost earnings without documentation to 

support the assertions is insufficient to establish losses under the Oil Pollution Act of 1990. The 

Claimant has provided no documentation to substantiate her alleged loss of profits and 

impairment of earnings capacity or to show that her alleged loss of earnings was due to the 

Deepwater Horizon oil spill.

The lost profits and impairment of earnings capacity portion of her claim is denied because the 

Claimant failed to meet her burden to demonstrate (1) that she has an alleged loss in the amount 

claimed (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, and (3) $3,400.00 is 

denied for failure to properly present to the RP.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 11/3/11

Supervisor’s Actions: Denial approved

Supervisor’s Comments:

10 $7,000 presented to the NPFC minus $3,600 presented to the NPFC equals $3,400.00. 11 USPS 7011 1150 0000 4636 2571. 12 NPFC request for additional information. 13 USPS 7011 1150 0000 4636 2571.