Authorities as the decision cited them, with how this panel applied each one.
WCAB Rule 10625
Proof of service requires a dated and verified declaration identifying the documents served and the parties served, and the method of service.
The petitioner failed to establish by a preponderance of evidence that the notice of cancellation was mailed as required by this rule.
From the decision · page 1In addition to the reasons stated by the Arbitrator in the Report, we note that WCAB Rule
10625 defines "proof of service" as "a dated and verified declaration identifying the document(s)
served and the parties who were served, and stating that service has been made and the method by
which it has been made...". (Cal. Code Regs., tit. 8, § 10625.) We agree with the Arbitrator that
petitioner failed to establish by a preponderance of evidence that a notice of cancellation was in
fact mailed.
California Labor Code section 3202.5
Preponderance of the evidence standard applies to establish mailing of the notice of cancellation.
The arbitrator applied this standard to determine that the evidence was insufficient to prove mailing.
From the decision · page 9This case turns on the question of whether or not it has been established by a
preponderance of the evidence (California Labor Code section 3202.5) that the
notice of cancellation in question (Norguard Exhibit 3) was in fact mailed. There is
evidence that it was, but in light of the questions apparent from both the document
offered as the documentary evidence in support of the requisite mailing, as well as
the questions raised by the depth, or lack thereof, of the understanding of the
California Insurance Code section 676.8
Proof of mailing the notice of cancellation is determinative of whether notice has been legally established under the policy and California Insurance Code section 676.8.
The policy and statutory law require proof of mailing the notice of cancellation to establish coverage cancellation.
From the decision · page 8The sole question of whether NorGUARD has coverage over the injury herein
rests on a determination of whether or not the Notice of Cancellation (NorGUARD
Exhibit 3) was in fact mailed. The language in the above- mentioned policy, the
endorsement and the California Insurance Code are consistent in establishing that
it is the proof of mailing the notice in question that is determinative of whether
notice has been legally established. The legal basis for issuing the notice, and the
fact that the notice was not received, do not appear to be in dispute. There also does
not appear to be any dispute that the address for Expressions is 1190 Burnett
Avenue, Suite C, Concord, CA 94520.