filed a claim with the Labor Inspector for the fatal work-related accident against Mr. Bonilla. 256
On the same day the Ministry of Labor and Social Security calculated the compensation due
and determined that the claimant was entitled to compensation of 51,356.00 lempiras. 257 On
May 2, 2004, Mr. Toledo’s mother and Mr. Bonilla agreed on compensation of 53,495.00
lempiras. The record states that Mr. Bonilla had already paid 30,000 lempiras. 258 Mr. Toledo’s
sister argued that this amount was insufficient in view of the harm caused to her family. 259
Efraín Rosales Kirington
23.
Mr. Efraín Rosales Kirington suffered an accident on December 9, 2003, while working
as a diver on the fishing boat owned by Antonio Bonilla. After diving to a great depth, he
fainted and was unconscious for four hours. The boat owner did not want to take him to a
hyperbaric chamber so the following day he had to travel fifteen hours to begin treatment in
the chamber, without the boat owner paying for his medical expenses. 260 According to the
medical certificate issued, Mr. Rosales suffered from decompression sickness and as a result
of the accident his eyesight was greatly impaired. On February 12, 2004, Mr. Rosales filed a
claim for compensation with the Labor Inspector for the work accident he suffered. 261 On
March 17, 2004, Mr. Bonilla failed to appear at the proceeding, which was duly recorded, 262
and the process did not produce any results.
Melesio Pamistan Maick
24.
Mr. Melesio Pamistan Mack suffered an accident on March 7, 2003, while working as
diver on the fishing vessel owned by Pedro García and Loly Torres. After diving to a great
depth, he began to feel dizzy and his body went numb. Five days after the accident, he was
taken to the city of Roatán where he was hospitalized for one month. The boat owners paid
him around 5,980 lempiras. 263 According to the medical certificate dated March 25, 2003, Mr.
Pamistan suffered from decompression syndrome and was unable to walk, so he was treated
in the hyperbaric chamber. 264On October 14, 2003, the hospital in Puerto Lempira certified
that he suffers from a 40% walking disability. 265 Mr. Pamistan filed a claim for compensation
with the Labor Inspector, who determined that he was entitled to a compensation of
256
Cf. Formal claim for compensation of March 29, 2004, filed by Anastacio Richard Bais against Marco Antonio
Bonilla (merits file, folio 47).
257
Cf. Calculation of compensation for fatal occupational accident dated March 29, 2004, by the Labor Inspector
II (merits file, folio 47).
258
Cf. Record of appearance of April 2, 2004, before the Labor Inspector II (merits file, folio 47).
259
Cf. Interview with Orlenes Richard Toledo dated October 16, 2014 (merits file, folio 47).
Cf. Formal claim for compensation filed by Efraín Rosales Kirington against Tonio Bonilla dated February 12,
2004 (merits file, folio 48).
260
261
Cf. Formal claim for compensation filed by Efraín Rosales Kirington against Tonio Bonilla dated February 12,
2004 (merits file, folio 48).
262
Cf. Record of non-appearance by Marco Tonio Bonilla of March 17, 2004 (merits file, folio 48).
Cf. Formal claim for compensation filed by Melecio Pamistan Maick against Pedro García and Loly Torres dated
February 26, 2004 (merits file, folio 48).
263
264
Cf. Certificate from the Cornerstone Hyperbaric Chamber and Medical Services Hospital, dated March 25, 2003
(merits file, folio 48).
265
Cf. Certificate from the Puerto Lempira Hospital dated October 14, 2003 (merits file, folio 48).
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