136.
Richard Toledo’s sister stated that, on that same day, they were informed that the alleged
victim had died while working on the vessel. She claimed that they received the remains of her brother three
days later and that the delay was because the area where the incident occurred was located far from his
home.199
137.
On March 29, 2004, Anastacio Richard Bais filed a claim with the Labor Inspector against Mr.
Bonilla for the fatal occupational accident. 200 On that same day, the Secretariat for Labor Affairs and Social
Security calculated the compensation and ruled that the complainant was entitled to receive compensation in
the amount of 51,356.00 lempiras.201
138.
On May 2, 2004, the mother of the alleged victim and Mr. Bonilla agreed upon compensation
in the amount of 53,495.00 lempiras. In this agreement, it was indicated that Mr. Bonilla had already paid
30,000.00 lempiras. 202 Orlenes Richard Toledo, sister of the alleged victim, stated that said amount was
insufficient in view of the harm caused to his next of kin.203 The Commission does not have any information
about total payment of the compensation.
20.
Efraín Rosales Kirington
139.
Efraín Rosales stated that, on December 9, 2003, he had an accident while working as a fishing
diver for the fishing vessel Ledy América owned by Antonio Bonilla. He pointed out that, after a very deep dive,
he passed out and was unconscious for four hours. He claimed that the owner of the vessel did not want to take
him to a hyperbaric chamber and that the following day he had to travel himself for 15 hours to start treatment
in this chamber although the owner of the vessel did not pay him for any of the medical expenses that were
incurred.204
140.
According to the medical certificate issued by the Hospital of Puerto Lempira, Mr. Rosales
suffered from decompression sickness. It indicated that, because of the accident, his eyesight had declined
drastically. On February 12, 2004, Mr. Rosales filed a compensation claim with the Labor Inspector for the
occupational accident he had suffered.205 On March 17, 2004, Mr. Bonilla’s failure to appear was noted in the
records of the hearing.206 From available information, the IACHR understands that these proceedings did not
produce any results.
21.
Melesio Pamistan Maick
141.
Melesio Pamistan Maick stated that, on March 7, 2003, he had an accident while working as a
fishing diver on the fishing vessel Marisco 11 owned by Pedro García and Loly Torres. He pointed out that, after
a very deep dive, he started feeling dizzy and his body became numb. He indicated that, five days after the
accident, he was taken to the city of Roatán where he was hospitalized for a month. He indicated that the owners
of the vessel paid him about 5,980 lempiras.207
Interview with Orlenes Richard Toledo on October 16, 2014. Audio No. 9. Annex to the communication from the petitioners of February
12, 2015.
200 Formal compensation claim filed by Anastacio Richard Bais on March 29, 2004 against Marco Antonio Bonilla. Annex to the initial
petition received on November 5, 2004.
201 Calculation of the compensation for fatal occupational accident on March 29, 2004 by Labor Inspector II. Annex to the initial petition
received on November 5, 2004.
202 Record of appearance in April 2004 before Labor Inspector II. Annex to the initial petition received on November 5, 2004.
203 Interview with Orlenes Richard Toledo on October 16, 2014. Audio No. 9. Annex to the communication from the petitioners of February
12, 2015.
204 Formal compensation claim filed by Efraín Rosales Kirington against Tonio Bonilla on February 12, 2004. Annex to the initial petition
received on November 5, 2004.
205 Formal compensation claim filed by Efraín Rosales Kirington against Tonio Bonilla on February 12, 2004. Annex to the initial petition
received on November 5, 2004.
206 Record of Marco Tonio Bonilla’s failure to appear on March 17, 2004. Annex to the initial petition received on November 5, 2004.
207 Formal compensation claim filed by Melecio Pamistan Maick against Pedro García and Loly Torres on February 26, 2004. Annex to the
initial petition received on November 5, 2004.
199
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