An appeal court in Mississippi on Tuesday upheld a State Workers' Compensation Commission's denial of a settlement proposed for an immigrant worker who received a quadriplegic following an industrial accident.
Both Carlos Jorge Himeliz, originally from Mexico and whose visa expired "sometime" after his accident while working for Hog Slat Inc., and his employer had appealed against the Commission's decision, arguing that a hearing had not been held. on the benefits of conciliation, according to documents in Himeliz v. Hog Slat, Inc., filed with the Mississippi Court of Appeal in Jackson.
Court records did not detail Mr. Himeliz's injury other than that he had undergone three surgeries and would require lifelong care, nor did he provide details of the settlement.
The Commission, in its denial of the settlement, expressed concern that the proposed health plan provided only "the best case for Mr Himeliz. It noted" that the settlement offer (which was more than $ 3,000,000 less than the amount stated in the life plan ) provided less than $ 200,000 per year for projected future healthcare costs, while the costs for the previous three years had averaged $ 1
The Commission also noted that Himeliz would need an interpreter to communicate with its "Even if Hog Slat had paid for an interpreter, the bodyguard plan would suspend this service after a year of English lessons," the documents say. "Since the initial injury, Himeliz has suffered a traumatic brain injury, and there was no indication that he can learn English beyond his current level. ”
In its decision, the Court of Appeal stated that the Commission was not obliged to conduct a hearing under state law and that "there is significant evidence that the proposed settlement is denied." A judge partially agreed and wrote that even if the result were to be confirmed, he was concerned that there was no procedure for requesting or holding a hearing.