stated in 2014 that said payments were never made.113 From available information, it is apparent that these proceedings did not produce any results. 8. Ex Dereck Claro 95. Ex Dereck Claro stated that, on October 20, 1995, he had an accident while working as a diver on the fishing vessel Chávez Junior owned by Ms. Martha Chávez. He indicated that, after a very deep dive, he started having severe headaches and dizziness, vomiting, and feeling weakness and numbness in both his upper and lower limbs.114 96. He indicated that, several days later, he was taken to the hyperbaric chamber of the city of Roatán, where he stayed for a week.115 He contended that Ms. Chávez paid for transportation and medical care expenses.116 According to the diagnosis, Mr. Claro showed symptoms of decompression sickness “characterized by hypoesthesia in his lower limbs with a slight diminishment of strength and a neurogenic bladder or Foley catheter.”117 He contended that Ms. Chávez promised to pay him compensation, but this never happened.118 97. In view of this situation, on August 2, 1996, Mr. Claro filed a compensation claim with the Labor Inspector against Martha Chávez because of the occupational accident. 119 On January 7, 1997, the Occupational Medicine Department determined that Mr. Claro suffered from slight decline in muscle strength in his lower limbs, muscular hypotrophy of his lower left limb, slight decline of sensitivity of his lower limbs, and he was declared as having permanent partial disability.120 On February 5, 1997, the General Social Security Department calculated that the temporary disability and compensation for the occupational accident amounted to a compensation of 125,356.00 lempiras.121 98. In view of the failure to comply with the payment that was ordered, on October 22, 1997, Mr. Claro filed a labor complaint with the Departmental Civil Court of Gracias a Dios for payment of compensation for the occupational accident against Martha Chávez. On June 25, 1998, the respondent’s attorney invoked the objection of “lack of legal standing or legal representation of the respondent,” because the complaint is aimed at Ms. Marta Chávez and her representative’s name is “Marta Elvia Zelaya Rivero.”122 99. On August 22, 2003, the Departmental Civil Court issued a report whereby the Secretary of the Court informed that “the present proceedings are five years, three months, twenty-eight days old since the last intervention.”123 On August 28, 2003, the judge ruled ex officio that the proceedings on the merits had expired and he ordered the case file to be archived.124 Interview with Richard Lemus Pisatty on October 14, 2014. Audio No. 8. Annex to the initial petition received on November 5, 2004. Record of appearance of Ex Dereck Claro before Labor Inspector III on August 2, 1996. Annex to the initial petition received on November 5, 2004. 115 Regular labor complaint filed on October 22, 1997 by Ex Dereck Claro with the Civil Court. Annex to the initial petition received on November 5, 2004. 116 Record of appearance of Ex Dereck Claro before Labor Inspector III on August 2, 1996. Annex to the initial petition received on November 5, 2004. 117 Medical record of October 30, 1995 from the Cornerstone Hyperbaric Chamber and Medical Clinic, Roatan, Bay Islands. Annex to the initial petition received on November 5, 2004. Record of appearance of Ex Dereck Claro before Labor Inspector III on August 2, 1996. Annex to the initial petition received on November 5, 2004. 118 Formal compensation claim certified by the General Social Security Department on June 27, 1997. Annex to the initial petition received on November 5, 2004. 119 Formal compensation claim certified by the General Social Security Department on June 27, 1997. Annex to the initial petition received on November 5, 2004. 120 Disability ruling from the Occupational Medicine Service, January 7, 1997. Annex to the initial petition received on November 5, 2004. 121 Formal compensation claim certified by the General Social Security Department on June 27, 1997. Annex to the initial petition received on November 5, 2004. 122 Special Report. Complaint 475-IGJT-PJ-08. “Case of Miskito Divers”. General Inspectorate of Courts and Tribunals. January 6, 2009. Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions. 123 Report from the Secretariat of the Departmental Civil Court of August 22, 2003. Annex to the initial petition received on November 5, 2004. 124 Special Report. Complaint 475-IGJT-PJ-08. “Case of Miskito Divers”. General Inspectorate of Courts and Tribunals. January 6, 2009. Annex to the State’s Arguments at the Hearing of the 143rd Period of Sessions. 113 114 17

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