accidents.60 He pointed out that he had to go back to diving because he had no money, and he had to accept that
because there was no other job available.61 He indicated that, on one occasion, in 1995, two weeks elapsed
before he was taken to a hyperbaric chamber.62 He added that he had not received any compensation for these
accidents, that his health is very poor, that it is very hard for him to walk, and that he has to pay for his
medicines himself. He contended that, sometimes, he goes days without eating because he has no money and
does not receive any type of support.63
3.
Carcoth Padmoe Miller
64.
Carcoth Padmoe Miller stated that, on June 20, 1993, while working for the company Apolo
Bees on the fishing vessel Bisal owned by Krelyn Macnab, he had an accident. He pointed out that, after diving,
he felt severe back pain and because he was in Jamaica at the time, he was taken to a hospital of that country
where he was hospitalized for 18 days.64 He contended that he was not taken to a hyperbaric chamber.65
65.
According to the medical record, Mr. Padmoe was suffering from “decompression sickness (…)
with neurological sequelae (…) of his lower limbs predominantly proximal and at the pelvic girdle.”66
66.
Mr. Padmoe contended that, on August 8, 1994, he filed a claim with the Office of Occupational
Hygiene and Health of the city of Comayaguela, Municipality of the Central District, because of the accident. The
owner of the vessel did not appear despite summons issued by the Office.67
67.
On March 20, 1995, the Labor Inspector, at the request of the Occupational Hygiene and Safety
Inspection Service, calculated the compensation by virtue of Article 454 of the Labor Code, indicating that Mr.
Padmoe was entitled to compensation in the amount of 43,232.50 lempiras.68
68.
On April 26, 1995, the General Social Security Department of Comayaguela ruled that the
compensation claim filed for occupational accident was admissible and ordered the employer to pay the
compensation that had been set.69 According to a statement by Mr. Padmoe, in 2012 he still had not received
any compensation for the damages caused.70
69.
In addition to said incident, Carcoth Padmoe Miller declared that, in 1999, he again had an
accident while he was diving. He indicated that when he surfaced, he felt severe chest pain and he could not
speak. He contended that his other coworkers who were in the fishing vessel where he was working took him
to his bed and afterwards they immersed him 30 meters in the sea because that was a practice used at the time
Interview with Flaviano Martínez López on October 15, 2014. Audio No. 14. Annex to the communication from the petitioners, February
12, 2015.
61 Interview with Flaviano Martínez López on October 15, 2014. Audio No. 14. Annex to the communication from the petitioners, February
12, 2015.
62 CEJIL. Interview with Flaviano Martínez in Puerto Lempira on January 15, 2008. Annex to the communication from the petitioners of
April 2, 2010.
63 Interview with Flaviano Martínez López on October 15, 2014. Audio No. 14. Annex to the communication from the petitioners of
February 12, 2015.
64 Certification from the Secretariat of the Regional Department for Labor Affairs for documents relative to Carcoth Padmoe Miller of
September 8, 1995. Annex to the initial petition received on November 5, 2004.
65 Interview with Carcoth Padmoe Miller on October 15, 2014. Audio No. 15. Annex to the communication from the petitioners of February
12, 2015.
66 Medical record on Carcoth Padmoe Miller from Escuela Hospital, August 25, 1994. Annex to the initial petition received on November 5,
2004.
67 Certification from the Secretariat of the Regional Department for Labor Affairs for documents relative to Carcoth Padmoe Miller,
September 8, 1995. Annex to the initial petition received on November 5, 2004.
68 Certification from the Secretariat of the Regional Department for Labor Affairs for documents relative to Carcoth Padmoe Miller,
September 8, 1995. Annex to the initial petition received on November 5, 2004.
69 Certification from the Secretariat of the Regional Department for Labor Affairs for documents relative to Carcoth Padmoe Miller,
September 8, 1995. Annex to the initial petition received on November 5, 2004.
70 Interview with Carcoth Padmoe Miller on October 15, 2014. Audio No. 15. Annex to the communication from the petitioners of February
12, 2015.
60
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