CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1446

Claimant Chardis Thomas

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity

Amount Requested $8,400.00

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 claims 

for certain individual and business claims on behalf of BP.

CLAIM AND CLAIMANT

On 26 September 2011, Chardis Thomas (the Claimant) presented a claim to the Oil Spill 

Liability Trust Fund (OSLTF) for $8,400.00 for loss of profits and impairment of earnings 

capacity allegedly resulting from the Deepwater Horizon oil spill. 

The Claimant has provided little documentation that explains her claim. Her federal income tax 

returns show her occupation is hair styling.1

 Her OSLTF Claim Form does not describe how the 

oil spill caused her loss of earnings.2

 A letter from the Claimant refers to her preparing and 

serving seafood.3

 However, there is no documentation showing earnings from preparing and 

serving food. The NPFC sent the Claimant a letter requesting further information about her 

claim. She did not respond to the letter.4

 

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.

1 Federal Income Tax Returns for 2008, 2009 and 2010

2 OSLTF Claim Form dated 16 September 2011 signed by the Claimant

3 Letter from Claimant dated 08 August 2011 describing her claim 4 NPFC letter to the Claimant dated 24 October 2011 requesting additional information

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(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.

DETERMINATION OF LOSS 

Claimant’s Submission to the OSLTF

To support this claim, Claimant submitted the following documentation:

• OSLTF Claim Form dated 16 September 2011 signed by the Claimant

• Alabama Conservation License, 7-days Resident Saltwater Fishing10-17 April 2010

• Alabama Drivers License

• Letter from Claimant dated 08 August 2011 describing her claim

• Federal Income Tax Returns for 2008, 2009 and 2010

On 24 October 2011, the NPFC sent the Claimant a letter requesting additional information in 

order to further evaluate the claim. On 18 November 2011, the Claimant stated she had not 

received the letter and on the same date, NPFC faxed the Claimant a copy of the letter. As of the

date of this determination, the Claimant has not responded to the letter requesting additional 

information.

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

(EAP) with the GCCF for $9,000.00. The claim was assigned Claimant ID #3413181 and claim 

#489459.5 The EAP claim was denied on 08 December 2010.6

 Additionally, Claimant filed an 

5 GCCF On-Line Claim Status Report 6 GCCF Denial Letter dated 08 December 2011

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Interim Payment (ICQ32011) claim with the GCCF in the amount of 8,400.00. The claim was 

assigned claim #9489200.7

 The ICQ32011 claim was denied on 08 November 2011.8

Based upon the evidence provided by the Claimant, it appears that the subject matter of the 

GCCF claims is the same as the subject matter of the claim before the NPFC, i.e., the Claimant 

lost earnings as a result of the Deepwater Horizon oil spill. Accordingly, this Claim Summary 

Determination for NPFC Claim N10036-1446 considers and addresses the loss of earnings up to 

the amount of $8,400.00 for all claims presented to the Responsible Party, specifically: GCCF 

Claim #489459 EAP and #9489200 ICQ32011.

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 Claimant has insufficient documentation to support her alleged loss of earnings from the 

Deepwater Horizon oil spill or to show that her loss is due to oil spill. The Claimant stated that 

she did not receive the NPFC letter requesting additional information. NPFC then faxed the letter 

to the Claimant 18 November 2011.9

 On 30 November 2011, the NPFC Claims Adjuster 

extended the deadline on her response to the letter to 03 December 2011.10 As of this date, the 

Claimant has not responded to the request for additional information. 

This claim is denied because the Claimant failed to meet the burden to demonstrate (1) that there 

was an alleged loss in the amount claimed, 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: Claims Adjudication Division

Date of Supervisor’s Review: 08 December 2011

Supervisor’s Action: Denial approved

Supervisor’s Comments: 

7 GCCF On-Line Claim Status Report 8 GCCF Denial Letter dated 08 November 2011 9 Telephone conversation between the Claimant and the NPFC Claims Adjuster 18 November 2011

10 Telephone conversation between the Claimant and the NPFC Claims Adjuster 30 November 2011

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