that, at the request of the other divers, he was taken to the Hospital of Puerto Lempira. Mr. Yumidal indicated
that the ship captain told them not to take him to the hyperbaric chamber because his pains “were nothing.”148
111.
According to the medical checkup conducted after his accident, Mr. Yumidal “suffered from
barotrauma with sequelae consisting of paraparesis secondary to spinal cord compression because of
diving.”149 The prognosis that was indicated consisted of “walking disability” amounting to 30%.150
112.
On November 28, 2002, Evecleto Londres Yumidal went to the Labor Inspector to request
compensation for the accident.151 Terna Gutiérrez Beckam, wife of the alleged victim, stated in 2012 that the
vessel’s owner never paid them, that her husband is bedridden and deaf, and that his eyesight has declined
progressively.152 He added that he does not receive any kind of medical assistance or medicines. 153
13.
Arpin Robles Tayaton
113.
Arpin Robles Tayaton stated that, on November 11, 2002, he had an accident while working
as a diver on the fishing vessel Capital Dan owned by Mr. Jeovany. He pointed out that, after a very deep dive,
he felt the right side of his body had grown numb and that he could not move his legs.154 He indicated that it
was only later, four days after the accident, that he was taken to the hospital of Puerto Lempira, where he had
to pay for medical care expenses in the amount of 8,324.00 lempiras.155
114.
The medical report of November 29, 2002 indicates that Mr. Robles “had an accident when
diving down to 82 feet without any decompression stops, and after 10 dives he had pain from monoparesis of
the right pelvic limb; without being placed in a decompression chamber.” It also points out that he requires
treatment with neurotropic drugs, analgesics, and therapy.156
115.
On March 20, 2003, Mr. Robles filed a compensation claim with the Labor Inspector against
Mr. Jeovany because of the accident.157
116.
In 2014, he stated that he had another accident in 2003, in which he dived very deep and burst
his eardrum. He contended that he stayed on the vessel without any type of assistance until he was taken to a
medical center, where he was forbidden to dive because of his severe situation. Mr. Robles indicated that he
received no compensation for his accidents. He contended that he has kidney pains and dizziness, that in one
ear he does not hear well, that he does not work as a result of which his children support him, and that he has
to pay for his medicines although oftentimes he cannot pay for them for lack of money.158
14.
Daniel Flores Reyes
Record of appearance of Evel Yeto Londres Yumidal on November 28, 2002. Annex to the initial petition received on November 5, 2004.
Medical record of June 4, 2003 from the Director of the Hospital of Puerto Lempira. Annex to the initial petition received on November
5, 2004.
150 Medical record of June 4, 2003 from the Director of the Hospital of Puerto Lempira. Annex to the initial petition received on November
5, 2004.
151 Record of appearance of Evel Yeto Londres Yumidal on November 28, 2002. Annex to the initial petition received on November 5, 2004.
152 Interview with Terna Gutiérrez Beckam on August 6, 2012. Audio No. 11. Annex to the communication from the petitioners of February
12, 2015.
153 Interview with Terna Gutiérrez Beckam on August 6, 2012. Audio No. 11. Annex to the communication from the petitioners of February
12, 2015.
154 Formal compensation claim filed by Arpin Robles Tayaton against Jeovany on March 27, 2003. Annex to the initial petition received on
November 5, 2004.
155 Formal compensation claim filed by Arpin Robles Tayaton against Jeovany on March 27, 2003. Annex to the initial petition received on
November 5, 2004.
156 Medical record of November 29, 2002 from the Hospital of Puerto Lempira. Annex to the initial petition received on November 5, 2004.
157 Formal compensation claim filed by Arpin Robles Tayaton against Jeovany on March 27, 2003. Annex to the initial petition received on
November 5, 2004.
158 Interview with Arpin Robles Tatayon on October 14, 2014. Audio No. 23. Annex to the communication from the petitioners of February
12, 2015.
148
149
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