125.
Cooper Cresencio stated that, on March 19, 1999, he had an accident while working as a diver
on the fishing vessel Sars owned by Brusito Borden. He claimed that, after a very deep dive, he had severe chest
pain,170 but that the vessel’s owner told him to keep on working and “stop being lazy.”171 He pointed out that
he dived again and when he surfaced he passed out.172 He indicated that it was only later, one week afterwards,
that he was transferred to the city of Roatán where he stayed in the hyperbaric chamber.173 Mr. Cresencio stated
that the ship’s owner did not give him any money nor did he support him for payment of the medicines.174
126.
According to a medical report from the hospital where he was admitted, Mr. Cresencio
suffered from decompression sickness, showed declining strength and sensitivity, bowel incontinence, and
intestinal obstruction. It indicated that he should not dive again because “his case is severe.”175
127.
On September 8, 2003, Cooper Cresencio filed with the Labor Inspector a compensation claim
for the occupational accident he had had. 176 The following day, the Labor Inspector pointed out that the
respondent had not appeared as summoned, and he calculated a partial compensation based on the medical
certificate.177 Mr. Cresencio stated in 2014 that he had not received any compensation.178
128.
In his 2014 statement, Cooper Cresencio indicated that he suffered from pains in the back of
the neck, which periodically make him want to vomit, that he has very high blood pressure, and that noise
triggers headaches. He added that his eyesight suffers and that he has to pay for his medicines himself.179
17.
Félix Osorio Presby
129.
Félix Osorio Presby stated that, on September 1, 1995, he had an accident while working as a
diver on the fishing vessel Pioner owned by Haylock Merren. He pointed out that, after a very deep dive, he
started to feel dizzy, had trouble hearing, was vomiting, had headaches, and his eyes were hurting.180 Four days
after the accident, he was taken to the Moravian Evangelical Clinic (Clínica Evangélica Morava) in Ahuas.181 He
claimed that the vessel’s owner did not pay for his medical expenses, and he received only 700 lempiras.182
According to the medical certificate from this clinic, Mr. Osorio was suffering from decompression sickness.183
130.
On November 20, 1995, Mr. Osorio filed a labor complaint with the Labor Inspector for
payment of compensation for the occupational accident leading to temporary disability.184 He also filed a labor
Formal compensation claim filed by Cooper Cresencio against Brusito Borden on September 8, 2003. Annex to the initial petition
received on November 5, 2004.
171 Interview with Cooper Cresencio on October 15, 2014. Audio No. 16. Annex to the communication from the petitioners of February 12,
2015.
172 Formal compensation claim filed by Cooper Cresencio against Brusito Borden on September 8, 2003. Annex to the initial petition
received on November 5, 2004.
173 Formal compensation claim filed by Cooper Cresencio against Brusito Borden on September 8, 2003. Annex to the initial petition
received on November 5, 2004.
174 Record of appearance of Cooper Cresencio on September 8, 2003. Annex to the initial petition received on November 5, 2004.
175 Record on Cooper Cresencio from the Cornerstone Hyperbaric Chamber and Medical Clinic of March 19, 1999. Annex to the initial
petition received on November 5, 2004.
176 Record of appearance of Cooper Cresencio on September 8, 2003. Annex to the initial petition received on November 5, 2004.
177 Calculation of compensation on September 9, 2003 for Cooper Cresencio by Labor Inspector II. Annex to the initial petition received on
November 5, 2004.
178 Interview with Cooper Cresencio on October 15, 2014. Audio No. 16. Annex to the communication from the petitioners of February 12,
2015.
179 Interview with Cooper Cresencio on October 15, 2014. Audio No. 16. Annex to the communication from the petitioners of February 12,
2015.
180 Formal compensation claim filed by Felix Osorio Presby against Heysmer Wasshal Haylock Merren on October 9, 1995. Annex to the
initial petition received on November 5, 2004.
181 Medical record of September 6, 1995 from the Clínica Evangélica Morava (Moravian Evangelical Clinic). Annex to the initial petition
received on November 5, 2004.
182 Formal compensation claim filed by Felix Osorio Presby against Heysmer Wasshal Haylock Merren. Annex to the initial petition received
on November 5, 2004.
183 Medical record of September 6, 1995 from the Clínica Evangélica Morava (Moravian Evangelical Clinic). Annex to the initial petition
received on November 5, 2004.
184 Regular labor complaint filed by Félix Osorio Presby against Heysmer Wasshal Haylock Merren on November 20, 1995. Annex to the
initial petition received on November 5, 2004.
170
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