35.
Carlos Castellón Cárdenas
175.
Carlos Castellón stated that, on August 11, 1996, he started to work as a fishing diver on the
fishing vessel Sea House owned by Basima Hilsaca.270 His wife contended that, in the year 2000, the alleged
victim had an accident while deep diving and was taken to a hyperbaric chamber.271 Mr. Castellón stated that
he was diagnosed with decompression sickness in September 2000.272
176.
Mr. Castellón filed a compensation claim with the Occupational Hygiene and Safety Offices.273
On October 5, 2001, the Occupational Medicine Service ruled that Mr. Castellón was suffering from 70%
disability.274 On October 15, 2001, the Secretariat for Labor Affairs and Social Security ruled that, on the basis
of the diagnosis, Mr. Castellón was entitled to compensation in the amount of 227,850.00 lempiras.275
177.
On February 15, 2001, a pledge to pay compensation was signed by Mr. Castellón and Ms.
Hilsaca. In said agreement, Ms. Hilsaca pledged to pay 40,000.00 lempiras, and it is recorded that said person
gave Mr. Castellón the amount of 3,000.00 with indications that the rest would be paid in March and August of
that same year.276
178.
On November 20, 2001, Mr. Castellón filed a labor complaint for payment of compensation
because of professional illness against Ms. Hilsaca, indicating her failure to pay the amounts that had been
pledged.277
179.
Ms. Hilsaca challenged the complaint and alleged that she was never the owner of the fishing
vessel Sea House.278 The respondent failed to appear at the settlement hearing, in the framework of which the
court contended that “it is recorded […] in the Pledge to Pay Compensation (…) that the owner of the lobster
fishing vessel Sea House is the respondent Ms. Basima Hilsaca and that there is no other evidence disproving
this statement.” As a result, the court ruled that the objection filed by Ms. Hilsaca was inadmissible.279
180.
On April 17, 2002, Ms. Hilsaca stated that “as a natural person I have not been the owner of
said vessel for the period of time mentioned.” She contended that, as the partner of a company Sociedad
Hermanos Hilsaca, she signed the payment agreement.280 On May 24, 2002, the judgment hearing was held,
sentencing the respondent to pay 37,000.00 lempiras as compensation for professional illness consisting of
diver’s decompression sickness.281
181.
On August 29, 2002, Mr. Castellón’s representative requested the court to “place liens on any
savings accounts, time deposit accounts, checking accounts that Ms. Basima Hilsaca might have.”282 According
to Dany Castellón Masier, son of the alleged victim, by the year 2012, he had not received any payment.283
Regular labor complaint filed by Carlos Castellón Cárdenas against Basima Hilsaca on November 20, 2001. Annex to the initial petition
received on November 5, 2004.
271 Interview with Emiclena Masiel Alen on October 15, 2014. Audio No. 29. Annex to the communication from the petitioners of February
12, 2015.
272 Regular labor complaint filed by Carlos Castellón Cárdenas against Basima Hilsaca on November 20, 2001. Annex to the initial petition
received on November 5, 2004.
273 Regular labor complaint filed by Carlos Castellón Cárdenas against Basima Hilsaca on November 20, 2001. Annex to the initial petition
received on November 5, 2004.
274 Diagnosis for Carlos Castellón Cárdenas by the Occupational Medicine Service, October 5, 2001. Annex to the initial petition received
on November 5, 2004.
275 Calculation of professional illness compensation by the Labor Inspector, October 15, 2001. Annex to the initial petition received on
November 5, 2004.
276 Pledge by Basima Hilsaca to pay compensation to Carlos Castellón Cárdenas, February 15, 2001. Annex to the initial petition received
on November 5, 2004.
277 Regular labor complaint filed by Carlos Castellón Cárdenas against Basima Hilsaca on November 20, 2001. Annex to the initial petition
received on November 5, 2004.
278 Response to the complaint on February 21, 2001. Annex to the initial petition received on November 5, 2004.
279 Settlement hearing on February 28, 2002. Annex to the initial petition received on November 5, 2004.
280 Questioning of Ms. Hilsaca on April 17, 2002. Annex to the initial petition received on November 5, 2004.
281 Judgment hearing on May 24, 2002. Annex to the initial petition received on November 5, 2004.
282 Seizure order and official letters to financial institutions. Annex to the initial petition received on November 5, 2004.
283 Interview with Dany Castellón Masier on August 6, 2012. Audio No. 17. Annex to the communication from the petitioners of February
12, 2015.
270
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