the seizure of the boat 188 and a conciliation hearing was held. However, the defendant filed a
motion claiming the court’s lack of jurisdiction, which was declared admissible. Mr.
Valderramos then appealed this ruling, but his appeal was dismissed. That same year, the
embargo on the fishing vessel was lifted and the process had no result. 189
Timoteo Lemus Pisatty
10.
On November 2, 2002, Mr. Timoteo Lemus Pisatty had an accident while working on
the boat owned by Horacio Gilbert Wood. Mr. Lemus had been diving at a depth of 115 feet
and had used five tanks of compressed air, and when he surfaced he suffered paralysis of his
lower limbs. 190 The following day, he was transferred to Roatán Hospital and placed in the
hyperbaric chamber; he received 16 treatments in the chamber, but showed no visible
improvement. He was diagnosed with secondary paralysis, chronic debilitating disease and
urosepsis. 191 On November 26, 2002, Mr. Gilbert agreed to pay Mr. Lemus 10,000.00 lempiras
and to provide him with a monthly payment until his recovery. 192 On December 24, 2002, the
hospital of Puerto Lempira confirmed that Mr. Lemus suffered from decompression syndrome
and paralysis. 193 His father stated that after the accident his son remained paralyzed and
bedridden, that he did not receive medical care, that he had to purchase any medication he
needed and that his health continued to deteriorate until his death in 2003. He added that
the funeral expenses totaled 40,631.61 lempiras of which the boat owner paid 2,764.00. 194
Subsequently, the Sectional Labor Judge of La Ceiba ordered Mr. Wood to pay a monthly
pension to the relatives of Mr. Lemus, which was not paid. 195
Ex Dereck Claro
11.
Mr. Ex Dereck Claro suffered an accident on October 20, 1995, while working as diver
on the boat owned by Mrs. Martha Chávez. After diving to a great depth, he began to feel
severe headaches, dizziness, vomiting, weakness and a lack of sensibility in his upper and
lower extremities. 196 A few days later he was taken to the hyperbaric chamber in the city of
Roatán where he was hospitalized for a week. 197 Mr. Claro presented decompression
symptoms characterized by hypoesthesia in the lower limbs with mild loss of strength and
neurogenic bladder which was treated with a Foley catheter. 198 Mrs. Chávez covered the
transportation and medical expenses and promised to pay him compensation, which did not
188
Cf. Special Report. Complaint 475-IGJT·PJ-08. “Case of Miskito Divers” General Inspectorate of Courts and
Tribunals, January 6, 2009 (merits file 38).
Cf. Special Report. Complaint No. 475-IGJT·PJ-08. “Case of Miskito Divers” General Inspectorate of Courts
and Tribunals, January 6, 2009 (merits file, folio 38).
189
190
Cf. Labor proceeding brought by Timoteo Lemus Pisatty against Horacio Gilbert Wood (merits file, folio 39).
191
Cf. Labor proceeding brought by Timoteo Lemus Pisatty against Horacio Gilbert Wood (merits file, folio 39).
192
Cf. Private agreement between Horacio G. Wood and Timoteo Lemus Pisatty dated November 26, 2002 (merits
file, folio 39).
193
Cf. Certificate of the Hospital of Puerto Lempira of December 24, 2002 (merits file, folio 39).
194
Cf. Labor proceedings brought by Timoteo Lemus Pisatty against Horacio Gilbert Wood (merits file, folio 39).
195
Cf. Interview with Richard Lemus Pisatty dated October 14, 2014 (merits file, folio 39).
Cf. Record of appearance of Ex Dereck Claro before the Labor Inspector III of August 2, 1996 (merits file,
folio 40).
196
197
Cf. Ordinary labor lawsuit filed on October 22, 1997, by Ex Dereck Claro before the Court of First Instance
(merits file, folio 40).
Cf. Medical certificate of October 30, 1995, from Cornerstone Medical Services and Hyperbaric Chamber,
Roatán (merits file, folio 40).
198
67