JCC Rejects Misrepresentation Defense and Awards TTD and Multiple Referrals

In Ljubomir Mladenovic v. Papa Johns Pizza Distribution Food Services Inc./Gallagher Bassett Services, Inc., OJCC Case No. 22-001078LMS, Judge Lourdes M. Sancerni issued a Final Compensation Order arising from a December 1, 2021 slip-and-fall at work. The claimant sought TTD, TPD, reimbursement for a neurology visit with Dr. Sharfman, several diagnostic tests and referrals, plus fees, costs, penalties, and interest after the employer/carrier denied the claim on a theory that he misrepresented the extent of any loss of consciousness and how he struck his head.

The order rejected that defense after finding the claimant credible and concluding the employer/carrier did not prove any knowing or intentional false statement made to obtain benefits. Judge Sancerni pointed to testimony that loss of consciousness can include a dazed or confused state even without blacking out, found no intent to deceive in the claimant’s description of the accident, and awarded TTD from November 18, 2025 through the June 17, 2026 final merits hearing along with payment for the October 7, 2025 Dr. Sharfman appointment.

The JCC also granted authorization for a brain MRI with and without contrast, VNG testing, a sleep study, endocrinology, and ENT evaluation, while denying TPD and denying the requested neurology referral for normal-pressure hydrocephalus on res judicata grounds. The order also granted penalties, interest, and attorney’s fees and costs tied to the December 11, 2025 and March 18, 2026 petitions for benefits.

Source: Compensation Order