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 28 January 2012, Mr. Marvin J Hamilton, Sr. (the Claimant) presented an Optional Oil Spill 

Liability Trust Fund (OSLTF) form to the National Pollution Funds Center (NPFC) seeking 

$15,000.00 for loss of profits and impairment of earnings capacity that allegedly resulted from 

the Deepwater Horizon oil spill.1

The Claimant allegedly worked for Langston Pressure Washers Services, Inc., a pressure washer 

business servicing “vacationer’s boats, homes, business and etc.” in the Gulf County, FL region.2

 

The Claimant asserts that as a result of the Deepwater Horizon oil spill, tourism decreased and 

consequently he was laid off from his position at Langston Pressure Washers Services, Inc.3 

The Claimant is seeking $15,000.00.4

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 

1 Optional OSLTF form from Claimant signed 11 January 2012.

2 Letter from Claimant to NPFC in response to request for additional information. 3 Letter from Claimant to NPFC in response to request for additional information. 4 Optional OSLTF form from Claimant dated 11 January 2012.

Claim Number N10036-1654

Claimant Marvin J Hamilton, Sr.

Type of Claimant Personal 

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $15,000.00

 
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).

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 Form dated 11 January 2012;

- 2010 Form 1099-G;

- Letter from Mr. Eric Langston (Claimant’s former employer);

- Cover letter for Claimant’s response to request for additional information dated 11 April 

2012;

- Letter from Claimant to NPFC outlining documentation included in response to request 

for additional information;

- Letter from Claimant to NPFC responding to questions in request for additional 

information;
- 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; 

- 2010 Form 1099-MISC from Texas Region Management for $7,338.00;

- 2009 Form W-2 for $1,168.91 from Fedex National Ltl, Inc;

- 2010 Form W-2 for $3,519.29 from Walgreen Co Ill;

- 2008 Form W-2 for $951.12 from Met Life Agent HD Supply Inc;

- 2008 Form W-2 for $21,438.40 from HD Supply Management Inc;

- 2009 Form W-2 for $3,346.97 from HD Supply Management Inc;

- 2009 Form 1099-G.

Claimant seeks lost profits and impairment of earnings capacity in the amount of $15,000.00.

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

(EAP) with the GCCF on 09 November 2010 in the amount of $15,000.00.5 He was assigned 

Claimant ID #3284679 and claim #440522. This claim was denied on 14 December 2010.6

 He 

also filed a Final claim (FC) on 03 December 2010 with claim #566857 and was denied.7

Additionally, the Claimant filed a Full Review Final (FRF) claim on 04 January 2011 with the 

GCCF for $25,000.00.8 He was assigned claim #9128817. This claim was denied on 25 May 

2011.9

 

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 his 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 #N10036-1654 considers and addresses the earnings claimed in all of the three 

claims presented to the responsible party, specifically; GCCF Claim #’s 440522 (EAP), 566857 

(FC), and 9128817 (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. 

5 Report from GCCF dated 17 April 2012.

6 GCCF Denial Letter dated 14 December 2010.

7 Report from GCCF dated 17 April 2012.

8 Report from GCCF dated 17 April 2012.

9 GCCF Denial Letter dated 25 May 2012.

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

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

things, financial documentation from his alleged employer Langston Pressure Washers Services, 

Inc., for an accurate accounting of the Claimant’s losses. It was sent on 30 March 2012.10 On 

11 April 2012, the Claimant replied to the letter stating that he is unable to provide any W-2, 

1099, paystubs, contact information or financial documents from his alleged employment.11

Without documentation to prove that he worked for Langston Pressure Washers Services Inc. or 

to calculate his 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 his burden to demonstrate (1) that he 

has an alleged loss in the amount claimed, and (2) that his 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.

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 4/27/12

Supervisor’s Action: Denial approved

Supervisor’s Comments: 

10 USPS tracking # 7011 1570 0001 2446 3077. 11 Letter from the Claimant to the NPFC answering the NPFC’s questions.