CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1646

Claimant Anthony Faoutas

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $44,847.59

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 20 January 2012, Mr. Anthony Faoutas, (the Claimant) presented a claim to the Oil Spill Liability 

Trust Fund (OSLTF) seeking $44,847.59 in loss of profits and impairment of earning capacity 

damages allegedly resulting from the Deepwater Horizon oil spill.1

The Claimant is the President of a surf shop in Destin, Florida. The Claimant stated the oil spill 

caused him to be unable to pay his salary beginning in May of 2010. The Claimant stated, “I did not 

pull salary during January 2010 thru April 2010 and was to start drawing salary as of May, but was 

not able to as a result of business decline due to the oil spill.”2

The Claimant asserts that his personal salary losses have not been compensated and therefore seeks 

$44,847.59 in lost personal income as a result of the Deepwater Horizon oil spill.

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 § 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:

(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 

1 Optional OSLTF Claim Form, signed on 10 January 2012. 

2 Email from the Claimant to the GCCF, 13 October 2010.

 
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, signed on 10 January 2012;

• 2008 Form W-2 Wage and Tax Statement, showing earnings of $16,153.92;

• 2009 Form W-2 Wage and Tax Statement, showing earnings of $21,538.56;

• 2010 Form W-2 Wage and Tax Statement, showing earnings of $9,423.12;

• Paystub detail, 10/15/2011, $864.88;

• GCCF Denial of Quick Payment Final Claim, 28 December 2011;

• GCCF Denial Letter on Interim Payment/Final Payment Claim, 25 June 2011;

• GCCF Determination Letter on Interim Payment/Final Payment Claim, 23 March 2011;

• GCCF Claim Submission, including the following:

- Authorization and Release to access GCCF documentation;

- GCCF Form Generated Online;

- GCCF Interim Payment Claim Form;

- GCCF Quick Payment Final Claim Form;

- Copy of the Claimant’s driver’s license;

- GCCF Change of Address Request;

- Copy of the Claimant’s car insurance policy;

- USPS Official Change of Address Confirmation Letter;

- Aqua Surf Shop Payroll Summary; 1/7/2009 – 10/28/2009;

- Record of unemployment compensation, 5/16/10 – 5/29/10;

- Record of unemployment compensation, 5/2/10 – 5/15/10;

- 2008 Form 1040, showing adjusted gross income of $71,852.00;

- 2009 Form 1040, showing adjusted gross income of (-$67,140.00);

- Handwritten letter from the Claimant to the GCCF;

- Handwritten letter from the Claimant to the GCCF, 1 April 2011;

- Handwritten statement from the Claimant to the GCCF, noting that the Claimant 

had not received any pay or income during the last quarter of 2010;
- 2010 Form W-2 Wage and Tax Statement, showing wages of $9,423.12;

- Handwritten statement from the Claimant, noting that he did not pay himself a 

salary from January – April 2010, undated;

- Various emails from the Claimant to the GCCF, regarding the Claimant’s salary 

in 2010;

- Letter from the GCCF to the Claimant, requesting additional information, 8 

October 2010;

- Letter from the GCCF to the Claimant, denying Emergency Advance Payment 

claim, 24 November 2010;

- GCCF Determination Letter on Interim Payment/Final Payment Claim, 23 March 

2011;

- GCCF Denial Letter on Interim Payment/Final Payment Claim, 25 June 2011;

Prior to presentment of this claim to the NPFC, the Claimant filed a claim with the RP/GCCF for 

losses incurred by his business, the Aqua Surf Shop, under Claimant ID 1147985.3

 On behalf of his 

business, the Claimant received payments from BP and from the GCCF, of $15,408.00 and 

$28,400.00.4

On 30 September 2010, the Claimant submitted an Emergency Advance Payment (EAP) claim to the 

RP/GCCF, seeking loss of profits and impairment of earning capacity damages of $24,000.00. The 

Claimant was assigned Claimant ID 3052755 and the EAP claim was assigned claim # 106998.5

 The 

RP/GCCF denied payment on this claim.

On 1 March 2011, the Claimant presented a First Quarter Interim Claim (ICQ12011) to the 

RP/GCCF, seeking loss of profits and impairment of earning capacity damages in the amount of 

$21,904.00.6

 The Claimant was assigned Claimant ID 3052755 and the ICQ10211 was assigned 

claim # 9293845. The RP/GCCF issued payment of $9,745.21 on this claim. 7

On 1 April 2011, the Claimant presented a Second Quarter Interim Claim (ICQ22011) to the 

RP/GCCF, seeking loss of profits and impairment of earning capacity damages in the amount of 

$5,050.00. The ICQ22011 was assigned claim # 9341858 and was also denied by the RP/GCCF. 8

On 2 December 2011, the Claimant presented a Quick Pay Final claim (Quick Pay) to the RP/GCCF. 

The Quick Pay claim was assigned claim # 9542820 and was also denied.9

On 20 January 2012, the Claimant submitted this claim to the NPFC, seeking loss of profits and 

impairment of earning capacity damages of $44,847.59.10 The NPFC may adjudicate this claim to 

the extent that these damages were first presented to and denied by the RP/GCCF.11 Any damages 

now presented to the NPFC, which were not first presented to the RP/GCCF, are denied for improper 

presentment. 

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 

3 Email from GCCF to the NPFC re claim presentment, 22 February 2012.

4 Email from GCCF to the NPFC re claim presentment, 22 February 2012. 5 GCCF United States Coast Guard Report, 3 March 2012.

6 GCCF United States Coast Guard Report, 3 March 2012.

7 GCCF United States Coast Guard Report, 3 March 2012.

8 GCCF United States Coast Guard Report, 3 March 2012.

9 GCCF United States Coast Guard Report, 3 March 2012. 10 Optional OSLTF Claim Form, signed on 20 January2012. 11 33 C.F.R. § 136.103(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.

In order to prove a claim for loss of profits damages, a claimant must provide documentation 

sufficient to prove (1) that the claimant sustained an uncompensated financial loss, and (2) that the 

loss was caused by the discharge of oil resulting from the Deepwater Horizon oil spill.

In a letter dated 9 March 2012, the NPFC requested that the Claimant support this claim with certain 

additional documentation to prove that the Claimant sustained an uncompensated loss, and to show 

that the loss was due to the effects of the Deepwater Horizon oil spill. Among other items, the NPFC 

requested that the Claimant provide tax documentation and other financial records to indicate the 

extent of the Claimant’s business losses.12 This information is necessary for the NPFC to determine 

whether or not the $53,553.30 in payments made to the Claimant and his business have fully 

compensated the Claimant for any financial losses he may have incurred. 

The NPFC requested that the Claimant respond to the additional information request within 14 days 

of the date of the NPFC letter. As of the date of this determination, the Claimant has failed to 

respond. Therefore, the NPFC is unable to determine whether or not the Claimant’s financial losses

have been fully compensated by payments made by the RP/GCCF.

Furthermore, the Claimant has not provided evidence that would show that any losses he may have 

incurred were a result of the Deepwater Horizon oil spill. Rather, evidence provided by the Claimant 

indicates that he was not drawing a salary prior to the oil spill from January through April of 2010.13 

The Claimant has not provided evidence to show that the factors preventing him from drawing a 

salary prior to the oil spill did not continue to affect him after the oil spill. Furthermore, the Claimant 

has not provided proof, such as the monthly profit and loss statements requested by the NPFC, to 

show that his business earnings actually declined in the period following the oil spill.14

Based on the information currently before the NPFC, this claim is denied because the Claimant has 

failed to meet his burden to demonstrate (1) that he sustained an uncompensated loss in the amount 

of $44,847.59, and (2) that the 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: 4/18/12

Supervisor’s Action: Denial approved

Supervisor’s Comments: 

12 NPFC Request for additional information, 9 March 2012. 13 Email from the Claimant to the GCCF, 13 October 2010. 14 NPFC Request for additional information, 9 March 2012.