75.
On January 5, 2001, the Labor Inspector presented the calculation made for the temporary
disability, indicating that the owner of the vessel had to pay 112,161.00 lempiras.84 This amount was notified
to the owner of the vessel, Roberto Pino, granting him a three-day deadline to respond. The notification
document indicates that “Mr. (…) did not sign the present document because he did not want to.”85
76.
On December 29, 2001, the medical diagnosis for Amistero Bans Valeriano was issued
indicating that, on September 4, 2000, he suffered from decompression sickness when surfacing from the sea
where he was diving and that he needed physical rehabilitation.86
77.
On September 4, 2001, Mr. Valeriano filed a labor complaint with the Local Civil Court Judge
for Labor Affairs against the owner of the vessel, Roberto Pino.87 On October 11, 2001, the Local Civil Court
Judge for Labor Affairs transmitted an official letter to the Merchant Marine Department, requesting “its
collaboration in not granting the fishing vessel Pelican, painted white, owned by Roberto Pino, permission to
sail and to proceed with its detention.”88
78.
On January 2, 2002, Mr. Pino submitted his response to the labor complaint, indicating that he
had no employer-employee relationship with the complainant and that he was not the owner of the fishing
vessel Pelican. 89 On March 6, 2002, the Occupational Medicine Service of the General Social Security
Department issued a diagnosis indicating that, because of the decompression sickness he had suffered, Mr.
Valeriano exhibited the following sequelae: osteotendinous hyperreflexia and lower right limb paresthesia and
slight difficulty in walking.90
79.
Mr. Valeriano stated that, by 2008, he was suffering from high blood pressure and had to take
medicines regularly although he could not buy them for lack of money. 91 In 2012, he pointed out that he
suffered from kidney ailments, pain when urinating, and headaches. He added that he had difficulty walking
and that was why he used a walking stick and he stressed that he has to buy his own medicines himself.92 He
indicated that because of his situation he cannot work, and therefore his children support him.93
5.
Rolando Mónico Thomas
80.
Rolando Mónico Thomas stated that, on September 5, 1999, he had an accident while working
as a fishing diver on the fishing vessel Arnold I. He described how, after a very deep dive, half of his body was
numb and he asked the owner of the vessel, to no effect, to take him to the city where there was a hyperbaric
chamber.94 Mr. Thomas stated that it was only later, three days after the accident, that he was taken to the
hyperbaric chamber where he stayed for 10 days.95
Certification of the calculation of temporary disability drawn up by Labor Inspector II on January 5, 2001, issued by the Hygiene and
Social Security Department on May 3, 2001. Annex to the initial petition received on November 5, 2004.
85 Certification of the writ of notification by Labor Inspector II on January 9, 2001, issued by the Hygiene and Social Security Department
on May 4, 2001. Annex to the initial petition received on November 5, 2004.
86 Certification of Diagnosis of Friday, December 29, 2000, issued by the Health and Social Security Department on May 4, 2001. Annex to
the initial petition received on November 5, 2004.
87 Labor complaint filed on September 4, 2001 by Amistero Bans Valeriano. Annex to the initial petition received on November 5, 2004.
88 Letter of October 11, 2001 addressed to the Merchant Marine Department. Annex to the initial petition received on November 5, 2004.
89 Response to the complaint on January 2, 2002 by Roberto Jaime Pino Merren. Annex to the initial petition received on November 5,
2004.
90 Diagnosis for Amisterio Bans Valeriano of March 6, 2002 from the Occupational Medicine Service. Annex to the initial petition received
on November 5, 2004.
91 CEJIL. Interview with Amisterio Bans on January 17, 2008. Annex to the communication from the petitioners of April 2, 2010.
92 Interview with Amistero Bans Valeriano on August 6, 2012. Audio No. 12. Annex to the communication from the petitioners of February
12, 2015.
93 Interview with Amistero Bans Valeriano on August 6, 2012. Audio No. 12. Annex to the communication from the petitioners of February
12, 2015.
94 Record of appearance of Rolando Mónico Thomas on April 12, 2001 before Labor Inspector II. Annex to the initial petition received on
November 5, 2004.
95 Interview with Rolando Mónico Thomas on August 6, 2012. Audio No. 16. Annex to the communication from the petitioners dated
February 12, 2015.
84
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