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The following is a Discretionary Review Order issued by Judge Barbier pursuant to the Rules Governing Discretionary Court Review of Appeal Determinations. Judge Barbier’s rulings are binding on the Claims Administrator and the Appeal Panelists. Links may have been added to assist the reader. The original decision may be found here, as well as a glossary of BP Settlement terms.

IT IS ORDERED that the request for discretionary review is hereby GRANTED. A substantial portion of the claimant’s income is derived from a company owned by the father of the claimant’s owner. Pursuant to Policy 328 v.2, that income may potentially be excluded from revenue, depending upon what the Program Accounting Vendors conclude about whether the subject transactions were at arm’s length. In this instance, the Program Accounting Vendors have not evaluated that issue. This claim is therefore REMANDED to the Claims Administrator so that the Program Accounting Vendors may assess related party transactions and if or how such transactions may impact the evaluation of this claim.

[Editor’s Note: This Order reverses the holding of the appeal panelist in Appeal 2015-1611]

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