Requesting a Hearing

When requesting a hearing for any reason, a document titled a “Request for Further Action” must be filed with the Workers’ Compensation Board. There are two types of Requests for Further Action: Form RFA-2 and Form RFA-1LC. Form RFA-2 is to be completed by the employer/insurance carrier or their respective representative. Form RFA-1LC is to be completed by the claimant or claimant’s legal counsel.

Once you have identified the appropriate form to file, you must fill out all applicable identifiable fields of requested information, such as the case information. Next, the reason for filing the Request for Further Action must be indicated on said form in the field entitled “Other.” A party may choose to file a Request for Further Action in several instances, including but not limited to the following: a hearing to address the outcome of depositions, a hearing to request to address initial establishment issues, a hearing to address an executed Section 32 settlement agreement, or a hearing to address Section 114-a fraud. Importantly, copies of the Request for Further Action must be furnished to all parties, including the Workers’ Compensation Board, opposing counsel, and the claimant.

Once the Board receives your request for further action, an ERFA-2.1 may be subsequently filed indicating receipt of a Request for Further Action. The Board may indicate in the ERFA-2.1 that the request is being processed and that a hearing will be scheduled at the request of the specific party. Lastly, the case will likely be scheduled for a hearing to address the requested issue(s) and a Hearing Notice will likely be filed with the Board and sent to all parties with the date and time for a future hearing.

For more information regarding filing a Request for Further Action, please contact Bedoya & Hussain Law Firm, LLC at (201) 880-9374.