boat did not pay for his medical expenses and he only received 700 lempiras. Mr. Osorio
suffered from decompression syndrome. 245 On November 20, 1995, he filed a labor lawsuit
seeking compensation for a work-related accident and temporary disability. 246 In 1996, the
Labor Court accepted his petition and ordered the seizure of the defendant’s bank accounts.
On June 26, 1997, the Banco Atlántida S.A. of La Ceiba reported that Mr. Merren had an
account for the amount of 19,228.04 lempiras, but on August 28, 2003, the file was ordered
to be archived due to lack of activity for more than three years. 247
Onasis Cooper Brown
21.
Mr. Onasis Cooper Brown suffered an accident on December 7, 2001, while working as
diver on the fishing boat owned by Marlon Talun Haylock. After diving to a great depth, he
felt dizziness and body pains, and was taken to the hospital in Puerto Lempira. 248 The medical
certificate indicated that Mr. Cooper suffered from decompression syndrome due to “a diving
accident” and, according to a subsequent medical evaluation, he had “decompression sickness
(…) and 100% walking disability.” 249 Mr. Cooper filed a claim for compensation for the workrelated accident, in which he argued that the boat owner only paid him 1,500 lempiras, which
did not even cover his medical expenses. 250 The Ministry of Labor and Social Security
calculated that Mr. Cooper was entitled to compensation of 153,708.32 lempiras; 251 however,
his application was unsuccessful. 252 According to Mr. Cooper’s mother, Mr. Cooper died in
2004 after being paralyzed for years as a result of decompression syndrome. 253
Saipón Richard Toledo
22.
According to the statement of Anastacio Richard Bais, his father, Mr. Saipón Richard
Toledo died on January 15, 2004, while working on the boat owned by Marco Antonio Bonilla.
Mr. Toledo was in the sea along with another diver and after diving to a great depth, came to
the surface, fainted and did not regain consciousness. 254 The same day his sister was informed
that Mr. Toledo had died while working on the boat. The family received his remains three
days later, because the area where the incident occurred was far from their home. 255 Mr. Bais
245
Cf. Formal claim for compensation by Felix Osorio Presby against Heysmer Wasshal Haylock Merren of October
9, 1995 (merits file, folio 46).
246
Cf. Ordinary labor lawsuit filed by Osario Presvy against Heysmer Wesshal Haylock Merren of November 20,
1995 (merits file, folio 46).
Cf. Order for seizure of assets issued by the Departmental Court of First Instance, of August 23, 1996 (merits
file, folio 46).
247
248
46).
Cf. Formal claim for compensation by Onasis Cooper Brown against Marlon Talun Haylock (merits file, folio
249
Cf. Medical certificates from the Puerto Lempira Hospital dated November 29, 2002, October 22, 2003 and
March 11, 2004 (merits file, folio 46).
Cf. Formal claim for compensation filed by Onasis Cooper Brown against Marlon Talun Haylock (merits file,
folio 47).
250
251
Cf. Calculation of compensation for occupational accident by the Labor Inspector II, March 11, 2004 (merits
file, folio 47).
252
Cf. Record of non-appearance of the legal representative of the lobster fishing boat Flamingo 1, dated
December 30, 2004 (merits file, folio 47).
253
Cf. Interview with Tránsito Brown Sabino dated August 6, 2012 (merits file, folio 47).
254
Cf. Formal claim for compensation of March 29, 2004, of Anastacio Richard Bais against Marco Antonio Bonilla
(merits file, folio 47).
255
Cf. Interview with Orlenes Richard Toledo dated October 16, 2014 (merits file, folio 47).
72