| SURVIVOR U-HAUL: "For your protection, Alaska law." Ombudsman Letter |
Form (ombudsman@legis.state.ak.us) Name Claudia Krenz Mailing Address Box 7050, Nikiski, AK 99635 Daytime Phone Number (907)776-2188 Today's Date 7/4/04 Name of agency you are complaining about: a) Alaska Office of the Attorney General b) Alaska Division of Insurance Where is the agency located? (What city?) I don't know in which city these apparatchiks reside. Anchorage or Juneau'd be my guess. Is it a state agency?Yes [ x ] Have you filed any appeal or grievance with the agency? Yes [ x].I. You can read my first letter to the AG dated March 27, 2003 (http://www.srv.net/~msdata/survivoruhaulalaska_ag.html) and my second dated October 15, 2003 (http://www.srv.net/~msdata/survivoruhaulalaska_ag2.html). The office of the AG took 6 months to respond to the first and has not responded to the second. Both pertain to violations of AS 21.36.125.(Unfair Claim Settlement Practices). Whether the AG meets the residency requirements for the PFD, he is, in a democracy, obliged to enforce Alaska statutes (and also those of what at least once was America). To the extent that Alaska is not a real democracy, he, of course, has no obligations whatsoever. Neither does the AK Division of Insurance: it only needs please the agencies funding it, the ones it theoretically regulates.
II. You can also also contact the Alaska Division of Insurance (julie_ratliff@dced.state.ak.us) concerning my inquiries re AS 21.36.125. I contacted the DOI in April 02. They responded--after numerous telephone, email, and certified mail requests--responded about April 03. I also contacted the AK DOI in October 03; they have not responded. Their first "investigation" was labeled #02-00194JR.
FACTS. a1) I, a passenger wearing my seat belt in a uhaul truck driven by the person I was helping move, was injured near Kenai on 12/8/01. a2) except for that silver dollar sized patch of "nerves trapped in inflexible "scar tissue," I have recovered to the extent I am running again: I did not allow my mobility to be compromised.
b) The same insurance company, Republic Western of Phoenix, insured both the uhaul driver and uhaul truck, the only two possible causes of the accident. RW-Phoenix/uhaul also gave my medical records to AMBR, an Oregon for-profit, an act of illicit--without my permission let alone knowledge--interstate commerce resulting in identify theft. At least when the Kenai Borough School District realized it had incompetently stored its teacher SSNs on the internet, it took immediate action: I've had no assistance at all.
c) There is no question about the nature and extent of my injuries. There are 3 independent empirical confirmations:
*Here is what my Alaska physician had to say (http://www.srv.net/~msdata/thiel.gif).
*Here is my letter in support of StateFarm being reimbursed by RW of Phoenix (http://www.srv.net/~msdata/survivoruhaulalaska_sf.html)--they were (StateFarm evaluated my medical records and paid out $10k towards the treatment costs I incurred as a result of the accident I didn't cause, under my own auto policy).
*In the files of the AK DOI is Rw-Phoenix/uhaul's claim file, which showed that the amount of indemnity increased after receiving ambr s evaluation of my medical records (w/o my permission or knowledge) increased. The AK DOI thinks it irrelevant that that amount being considerably greater than the token 3k--yes, rw-phoenix/uhaul's counteroffer was to reduce their first one by $69--suggests no violation of AS 21.36.125.
RW of Phoenix/uhaul made me a token settlement offer of $3069 in October 02. I rejected it (and its cone of silence) because it was a ludicrous amount: a small amount of the expenses I had incurred by that time--my expenses are ongoing--a drop that would not affect the financial ruin I face because of this accident I didn't cause, a fascist insurance company and a corrupt state whose officials refuse to enforce state constitutional law and regulation. Yet, despite considerable documentation to the contrary, The Division of Insurance told me I had to find an Alaska lawyer to sue RW of Phoenix/uhaul: I tried--first the yellow pages and then the bar association--but there was too little money involved to interest an AK attorney. This means that, literally, I am denied redress, access to the legal system: Saddam Hussein has more rights under the Geneva Convention than I do as an Alaska citizen. Happy 4th of July. These are the hallmarks of a tyranny: the rule of law does not prevail in Alaska.
d) There is no question that the Alaska AG and Division of Insurance are not enforcing Alaska statutes. My second letter to the AG itemized these violations. I received no response to it or to the "investigation" the DOI said it would complete 12/03.
e) The 2-year statute of limitations: i) 6 months (RW-Phoenix/uhaul sent me a letter dated 2/4/02--on file w/ the DOI--stating they would cover my treatment costs [they lied]); 6 months (the time it took the AG to respond to my first letter); over 12 months (the DOI stonewalled me).
UNKNOWNS
I. Was the DOI's behavior--stonewalling me for over a year regarding its first "investigation" and not responding at all about its second-- "pay back?" I have maintained a web page on the state exit exam since 1998 ... it began as an annotated bibliography--me a new citizen whose doctoral work was in educational testing who wanted to make a civic gesture by posting online a resource for any interested parent ... the page, I became increasingly critical of the state, watching it make every mistake--and more--made earlier by the other states. And then came my voiced concerns--I emailed the gov--about protecting the privacy of Alaska public K-12 student data. Currently, my name is being circulated, along w/ many others, as a resource contact for anyone objecting to the violence that is being done to Alaska students by the imposition of a technically inadequate--it does not measure the performance objectives Alaskans articulated--test. Naturally--in a "government" that conducts business behind closed doors, that consists of chummy "insiders" whose pockets are repeatedly lined by the industries they supposedly regulate (why can't Alaska have someone like Elliott Spitzer? someone of his integrity and commitment is sorely needed)--an outsider's perspective was not appreciated, put mildly.
II. Does the Alaska AG and DOI *evenly not enforce* Alaska statutes or did they not enforce Alaska statutes in *my* case as a retaliatory measure (for stating publicly that HSGQE scores weren't sound enough to serve as a basis for diploma sanctioning)? I at least do not know the answer to this question (but it's certainly consistent w/ other AK government behaviors).
III. Did the AG sic the IRS on me? I received a letter from the IRS dated two days after I'd sent the AG an extremely rude email--I was angry that Uhaul had just called me saying "the alaska doi has asked us to rextend [sic] our 3k offer" (I think it irrelevant that the statutes were on the books before Mr. Reneks came to Alaska as AG); I didn't swear, but I stated exactly what I thought about Alaska, i.e., not polite--impolitic at the least). Interestingly, the original letter from the IRS--dated two days after I'd sent Mr. Renkes that rude email--said I owed it exactly the RW-Phoenix/uhaul token settlement offer that I'd rejected (a token amount that would not change the ruin I face, one that came w/ a cone of silence). The IRS next reduced that amount to 1.9k and then I got a letter saying they'd let me know if they, on consideration, thought I owed them anything. And on it goes.
If you have an appeal or grievance, what was the agency's answer? Please attach copies of your appeal and the agency's answer. IT IS IMPORTANT TO TRY TO RESOLVE YOUR PROBLEM WITH THE AGENCY'S HELP BEFORE COMPLAINING TO THE OMBUDSMAN. I received no responses to the queries listed above (URLs of letters showing my asking shown in parentheses). In brief, instead of enforcing existing Alaska laws and statues, the offices of the AK AG and AK DOI chose not to enforce them: silence is the well-oiled sound of tyranny.
Name(s) of the person(s) you spoke or wrote to at the agency about your problem: Grek Renkes, Elizabeth Hickerson, Julie Ratliff. At one time or another along the course of this two-year and going farce, I also emailed the gov, the lite gov, and the congressional delegation: absolutely no response from any. Too ironic that the driver--whom, w/o an investigation, Rw-phoenix,uhaul deemed guilty of causing the accident--had most of her treatment paid for under Alaska state medicaid. Myself I had to drop out of treatment when i could no longer afford it (would I have that small patch of nerves trapped in inflexible scar tissue problem had I been able to afford to continue? I don't know). The DOI never looked at RW-Phoenix-uhual's claim file and so didn't notice. State Medicaid must be pretty good since, late last year, she phoned--after the statue of limitations had run out--to say she was still in Alaska and had purchased a new cabin and SUV. At this point, the best I can call myself is an economic refugee, soon enough perhaps to become another Alaska statistic, i.e., Survivor Uhaul but not Survivor Alaska. Happy 4th of July.
Phone number(s) of the person(s) I don't have the telephone numbers of the Alaska Office of the AG or the AK DOI (nor RW-Phoenix/uhaul). For volunteering an afternoon of my time I have and continue to have shit heaped atop me. My first question to the AK DOI was that I didn't want a lawyer, did I need one. I have been stonewalled, lied to and otherwise abused--not to mention financial ruin--so I think it best to discuss these matters publicly, in writing, so that there be a record.
Has this ever been the subject of a court hearing? No [ x ] Saddam Hussein has access to the courts. A citizen of Alaska does not.
If so, what is the court case number? Have you asked anyone else for help to fix your problem? Yes [ x ] An attorney, the Governor's office, legislators. Like I said earlier, I have received no response. I did have an attorney for 3 months summer 02 (to the extent that I signed papers, he made himself unavailable for 3 months, and then dumped me because he had a "big case").
May we talk to that person about your complaint?Yes [ x ]
Names and phone numbers of persons you talked to about your problem: I also spoke w/ the Ombudsman's Office regarding the identity theft that resulted from RW-phoenix/uhaul having sold my medical records to an Oregon for-profit (ambr). Your office referred me to a HIPPA URL: what RW-phoenix/uhaul did to me was definitely illegal, but I couldn't find an Alaska attorney interested and so had no access to the courts. I might as well be in Guantanamo Bay.
Please give us any other information we need to help us investigate your complaint. It's mostly a matter of public record now.
Your name will not be released unless you give your permission. Can we use your name when talking with the agency about your complaint ?Yes [ x ]
Use these lines to briefly state your complaint. Please tell us: What did the agency do that you do not like or think is wrong? The Offices of the Alaska Attorney General and Division of Insurance, although, in a democracy, obligated to do so, refuse to enforce AS 21.36.125. In a tyranny, of course, they're not obligated to anyone. They are simple figureheads.
What did you want from the agency? I wanted these apparachniks to enforce existing state law. I did not have health insurance because I was healthy not so I could be financially ruined by the costs of treatment--its appropriateness independently verified thrice--from an accident I didn't cause, had 0% liability. I did nothing wrong. An alternative explanation--to state officials not enforcing state law--is that there's something wrong with state law.
What do you want the Ombudsman office to do to help you? I wanted to bear public witness. Freire spoke eloquently about learning to speak in the context of "the culture of silence." I don't expect any direct consequences--like RW-phoenix/uhaul reimbursing me for my expenses from its accident and me escaping total financial ruin by the skin of my teeth. If there were a functional state constitution, the state would fine RW-phoenix/uhaul for violating AS 21.36.125. I think it would be appropriate to distribute these funds between the battered women's shelters on the peninsula and in Anchorage (because "survivor uhaul" is all about the abuse of power by a government which has lost its sovereign legitimacy in the citizens of its state and has instead become mere oily toadies, not as honest and lacking the dignity of simple yeomen. I certainly don't know whether "survivor uhaul" will become an urban legend (although I seriously doubt anyone reading it would want to come here). This is simply my public testimony about my treatment by estate Alaska: it does not treat women well; I am not exceptional in this regard. Give me an "F." That's the grade I get for having been dumb enough to move to tyranny like this. It's, however, also the first letter of The Fish Cheer.
PLEASE SIGN HERE: claudia krenz Dr. Claudia Krenz ___________________________________________________ Please send this form and copies of your agency papers to: Office of the Ombudsman Post Office Box 102636 Anchorage, Alaska 99510-2636 FAX (907) 269-5291