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Jones Jones LLC Back to Basics: RFA-2 Requirements

The RFA-2 is a New York State Workers’ Compensation Board form. Specifically, it is a “Request For Further Action” by the carrier or employer and can be found here. This form would be filed by the carrier or employer when a need for a hearing arises.  Recently, the NYS Workers’ Compensation Board has been taking a closer look at RFA-2 forms to ensure that they are properly and fully completed prior to granting a request for a hearing.

How can you make sure that your RFA-2 is proper and complete?

  • The RFA-2 must be filled out in its entirety. If there are missing fields, the Board will reject the entire RFA-2.
  • On the ‘Compensation/Medical Issues/Other’ tab, the person filing the form must check off the appropriate box and fill in the associated fields. In addition, the person filing must fill in the box labeled: **Document reference information (date, name / title, form ID).
  • On the ‘Sign’ tab, the person filing must certify that they have either discussed the issue with the opposing party, or attempted to contact the opposing party. These fields must be completely filled out, or the Board will reject the RFA-2. Further, the Board is now requesting proof that the opposing party was contacted. This requires the person filing the RFA-2 to email or call opposing counsel, and properly document same. Proof of contact should be sent to defense counsel in preparation for hearing.
  • The person filing the RFA-2 should monitor the Board file for the ERFA-2.1 (Board response to the RFA-2) and ensure that the Board has accepted the RFA-2 and taken the actions requested (scheduling a hearing, issuing an EC-81.7, etc.).

The attorneys at Jones Jones LLC are  always happy to assist with the RFA-2 process.  We are available to personally file the RFA-2 document as well as to contact the claimant’s attorney to advise them of the RFA-2 issues.

Contact us today at clientservices@jonesjonesllc.com for assistance today!