to make him capable of moving. He added that he was on the vessel paralyzed for three days and that, after a
week, he arrived at the city of Roatán to be taken care of in the hyperbaric chamber.71
70.
He contended that the physician who attended him told him that too much time had elapsed
since his accident without having been taken to a health center72 and that, because of the delay in receiving
care, he was not able to recover.73 He stressed that the owner of the vessel discounted the treatment given from
his wages.74
71.
His brother, Adam Miller, contended that Carcoth was pressured by the owner of the vessel
and a representative of the Ministry of Labor to sign a compensation agreement in the amount of 70,000.00
lempiras.75 Carcoth Padmoe Miller stated that he had received only 50,000.00 lempiras and that said amount
was extremely low because it did not even cover medical expenses.76 He indicated that both the owner of the
vessel and the representative of the Ministry of Labor had told him he could not file any more claims because
the owner of the vessel was about to leave the country.77
72.
Mr. Carcoth stated in 2012 that he was walking with crutches and with much difficulty, that
he has to take pills that he buys himself for knee pain, that he has no work, and that his family is supporting
him.78
4.
Amistero Bans Valeriano
73.
Amistero Bans Valeriano indicated that, on September 4, 2000, he had an accident while he
was diving. He described that, after some very deep dives, he started feeling chest pain and he could not move
his limbs.79 He contended that the ship captain did not rescue him and that it was only later, after three days
had elapsed, at the insistence of the other divers, that he was taken to Roatán, where he was in a hyperbaric
chamber for two days, and then he was transferred to the hospital of La Ceiba.80 He indicated that the physicians
had determined that he was suffering from decompression sequelae.81 Mr. Valeriano contended that he had to
ask for a loan to pay for the expenses of his treatment.82
74.
On December 13, 2000, Amistero Bans Valeriano filed a claim for compensation with the Office
of Occupational Hygiene and Safety for the occupational accident that had occurred to him. On December 18,
2000, a hearing was held with the Labor Inspector, at which the owner of the vessel did not appear.83
CEJIL. Interview with Carcoth Padmoe in Puerto Lempira on January 16, 2008. Annex to the communication from the petitioners of April
2, 2010.
72 Interview with Carcoth Padmoe Miller on August 6, 2012. Audio No. 7. Annex to the communication from the petitioners of February 12,
2015.
73 CEJIL. Interview with Carcoth Padmoe in Puerto Lempira on January 16, 2008. Annex to the communication from the petitioners of April
2, 2010.
74 CEJIL. Interview with Carcoth Padmoe in Puerto Lempira on January 16, 2008. Annex to the communication from the petitioners of April
2, 2010.
75 CEJIL. Interview with Carcoth Padmoe in Puerto Lempira on January 16, 2008. Annex to the communication from the petitioners of April
2, 2010.
76 Interview with Carcoth Padmoe Miller on October 15, 2014. Audio No. 15. Annex to the communication from the petitioners of February
12, 2015.
77 CEJIL. Interview with Carcoth Padmoe in Puerto Lempira on January 16, 2008. Annex to the communication from the petitioners of April
2, 2010.
78 Interview with Carcoth Padmoe Miller on August 6, 2012. Audio No. 7. Annex to the communication from the petitioners of February 12,
2015.
79 Certification of the appearance record of December 13, 2000 issued by the Secretariat for Occupational Hygiene and Safety. Annex to
the initial petition received on November 5, 2004.
80 CEJIL. Interview with Amistero Bans on January 17, 2008. Annex to the communication from the petitioners of April 2, 2010.
81 CEJIL. Interview with Amistero Bans on January 17, 2008. Annex to the communication from the petitioners of April 2, 2010.
82 Labor complaint filed on September 4, 2001 by Amistero Bans Valeriano. Annex to the initial petition received on November 5, 2004.
83 Certification of the appearance record issued by the Secretariat for Occupational Hygiene and Safety on December 18, 2000. Annex to
the initial petition received on November 5, 2004.
71
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