Showing posts from November, 2013

Ray, Heather N. vs. Wal-Mart, Inc. Part Four

These e-mail exchanges take place between August and October.  A few days ago I get another email.  This time from her paralegal.  This woman is extremely polite and well written.  She’s my dream, y’all.  Or was.
 Good Morning Heather, I hope you are doing well today.
We received the attached Mediator Order from the North Carolina Industrial Commission. Once a Form 33 is filed, the parties must participate in a mediation conference.  If the case does not settle at the mediation, then it will be placed on the hearing docket to be heard before a Deputy Commissioner.
We can hold the mediation conference in our office (we are located in the Rich As Fuck area of Charlotte, NC).  Please let me know if you will consent to this, and I will get started setting this up.
Thank you!
I can work with this.  I can really work with this.  Except for the home field advantage.
Is there another place that would work for you?  My work schedule and location doesn't leave a lot of room.
Hi Heather,…

Ray, Heather N. vs. Wal-Mart, Inc. Part Three

Picking up where we left off.  I shot out another email to the lawyer.

I'm assuming by 'settlement agreement' that you are referring to the 'clincher'?  If so, or if the settlement reads anything like the 'clincher' did, I am not at all interested in signing it.  I will be blunt with you, one of my major concerns during this ordeal, that has lead to me not signing anything, is the carelessness with which documents and correspondence have been drafted.  Other than a strain on my time, the idea of a full evidentiary hearing doesn't bother me.  It won't have any kind of negative impact on my end of things.  However, the errors in grammar and spelling have worried me a great deal.  I will not sign any legal document that has errors.  Even after I corrected the repeated misspelling of Dr. I’m Tired of This Shit's name, you continued to misspell it.  I can only make assumptions as to why.  I have to leave for work now, but I will try to respond to any…

Ray, Heather N. vs. Wal-Mart, Inc. Part Two

I wrote and deleted so many messages to the Little Attorney That Could (suck it).  As you see in the handwritten notes on the “clincher” settlement agreement, I had a lot of thoughts to share and I typed them all up so that I could mail them back to her with the unsigned agreement.  That never happened.  My sister works in the orthopedic industry and fielded several of my questions.  She passed some of them along to her friend who happens to work in claims management himself.  He thought that their proposal for $400 to close out the claim was completely ridiculous and said that I should counter with an ungodly high amount and then request a form 18M which once signed by my doctor and approved by the Industrial Commission would basically grant me the right to seek treatment related to the injury for the rest of my life.  I ended up sending the LATC this:
First Name Only,
At ten months post-op, I am still experiencing some level of pain on an almost daily basis.  This ranges from a naggi…

Ray, Heather N. vs. Wal-Mart, Inc. Part One

So, now you know where I was working...

Remember when I was telling you about how I had gotten hurt at work and filed for Workers' Compensation and how everything went to shit after that?  Yeah.  Apparently when you ask the claims management lady, who I will only refer to as Troll, to send you the "clincher" agreement for your perusal and then you don't send it back in a timely fashion and then you just kind of dodge all of her phone calls, she gets a little angry.
See, when I was fully released back to work with a disability rating, the company owed me a settlement payment.  Troll laid out my two options.  I could accept the straight rating for something like $2,700 (which is a ridiculous amount of money for all of the shit I've been dealing with for going on two years because of this) or I could accept the "clincher" agreement for an additional 15% ($400).  What is a clincher?  It means that you basically sign away any right you'll ever have to se…