A Mississippi appeals court on Tuesday upheld a state Workers’ Compensation Commission’s denial of a settlement proposed for an immigrant worker who was rendered a quadriplegic following an industrial accident.

Both Carlos Jorge Himeliz, who is originally from Mexico and whose visa expired “sometime” after his accident while working for Hog Slat Inc., and his employer had appealed the commission’s decision, arguing that a hearing had not been held on the merits of the settlement, according to documents in Himeliz v. Hog Slat, Inc., filed in the Court of Appeals of Mississippi in Jackson.

Court records did not go into detail about Mr. Himeliz’s injury other than that he had had three surgeries and would require a lifetime of care, nor did it provide details of the settlement.

The commission, in its denial of the settlement, expressed concern that the proposed life-care plan provided only for "the best-case scenario for Mr. Himeliz. It noted “that the settlement offer (which was more than $3,000,000 less than the amount specified in the life-care plan) provided less than $200,000 per year for predicted future medical expenses, while expenses for the previous three years had averaged $1,000,000 per year.”

The Commission also noted Mr. Himeliz would need an interpreter to communicate with his care providers. “Although Hog Slat had been paying for an interpreter, the life-care plan would discontinue this service after a year of English lessons,” documents state. “Since the original injury, Himeliz has sustained a traumatic brain injury, and there was no indication that he is capable of learning English beyond his current level.”

The appellate court said in its decision that the commission was not required to conduct a hearing under state law and that “substantial evidence exists for the denial of the proposed settlement.” One judge concurred in part, writing that while the outcome should be affirmed he was concerned there isn’t a procedure for requesting or holding a hearing.