59. On April 13, 1993, Mr. Martínez appeared before the Office of Occupational Hygiene and Safety of La Ceiba to file a compensation claim for occupational accident against Arcadio Waldemar Molina Valladares.44 On May 28, 1995, the Regional Labor Affairs Department subpoenaed Mr. Molina to appear at a settlement hearing.45 On December 12, 1995, the General Department for Social Security sentenced Mr. Molina to pay 211,485.00 lempiras and indicated that Mr. Martínez should be entitled to a one-year temporary disability.46 60. On March 21, 1996, Mr. Martínez filed a labor complaint to receive compensation for the occupational accident and trial expenses.47 On May 9, that same year, the court found Mr. Molina in contempt of court, because he did not appear at the proceedings although he had been subpoenaed and summoned to a settlement hearing.48 61. On May 30, 1996, the hearing was held and the respondent did not appear. 49 The court declared the due process hearing was open and in session so that the parties could exercise their respective rights.50 The alleged victim, through his attorney, submitted his evidence.51 On June 21, 1996, a hearing was held to take statements from the witnesses presented by Mr. Martínez.52 On July 25, 1996, the fishing vessel Mosquita Express was inspected as evidence. 53 The Inspector General indicated that he had noted that Mr. Molina was the owner of the vessel when the accident had occurred.54 62. On October 22, 1996, the court sentenced Mr. Molina to pay 125,925.00 lempiras for temporary disability and 85.000,00 lempiras as compensation.55 It indicated that the 10,000.00 lempiras that Mr. Molina had given to Mr. Martínez after the accident had occurred should be discounted from said amount.56 On September 25, 1997, the court required Mr. Molina to pay the amount set.57 On December 9, 1997, the court requested placing a lien on his bank accounts, 58 but on February 11, 2002, various banking institutions reported that Mr. Molina did not have any savings accounts.59 63. The alleged victim stated that, in 2014, the judgment still had not been enforced and that he had not received any money. He also stated that, between 1992 and 2011, he had three further diving-related Record of appearance on April 13, 1993 issued by the Head of the Labor Inspection Section on May 30, 1996. Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions. 45 Subpoena for Arcadio Molina by the Regional Director for Labor Affairs issued on May 28, 1995. Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions. 46 Certification of calculation of compensation by the Administrative Secretariat of the General Social Security Department, December 12, 1995. Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions. 47 Regular labor complaint filed with the court of first instance to order seize of compensation for occupational accident and temporary disability bearing the fingerprint presumably belonging to Flaviano Martínez López, date March 20, 1996. Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions. 48 Agreement of May 9, 1996 of the Local Civil Court for Labor Affairs. Annex to the initial petition received on November 5, 2004. 49 Minutes of the settlement hearing and due process hearing of May 30, 1996 of the Civil Court for Labor Affairs. Annex to the initial petition received on November 5, 2004. 50 Minutes of the settlement hearing and due process hearing of May 30, 1996 of the Civil Court for Labor Affairs. Annex to the initial petition received on November 5, 2004. 51 Minutes of the settlement hearing and due process hearing of May 30, 1996 of the Civil Court for Labor Affairs. Annex to the initial petition received on November 5, 2004. 52 Witness hearing of June 21, 1996 of the Civil Court for Labor Affairs. Annex to the initial petition received on November 5, 2004.. 53 Inspection record of July 25, 1996 signed by the Judge and Secretary of the Civil Court for Labor Affairs. Annex to the initial petition received on November 5, 2004. 54 Inspection record of July 25, 1996 signed by the Judge and Secretary of the Civil Court for Labor Affairs. Annex to the initial petition received on November 5, 2004. 55 Judgment of October 2, 1996 by the Civil Court Judge for Labor Affairs. Annex to the initial petition received on November 5, 2004.. 56 Judgment of October 2, 1996 by the Civil Court Judge for Labor Affairs. Annex to the initial petition received on November 5, 2004. 57 Record of order for payment from the writ receiver of the Civil Court of September 23, 1996 and September 30, 1997. Annex to the initial petition received on November 5, 2004. 58 Appearance before the Local Civil Court for Labor Affairs where placement of a lien is requested on December 9, 1997. Annex to the initial petition received on November 5, 2004. 59 Agreement of February 7, 2002 of the Civil Court for Labor Affairs whereby instructions are given to contact various banks, as well as issue various official letters from the Civil Court for Labor Affairs to Banks, all on February 11, 2002, along with responses to the above communications from various dates. Annexes to the initial petition received on November 5, 2004. 44 11

Seleccionar párrafo de destino3