- Dysuria
- Orchialgia
The worker appealed a May 10, 2022 decision denying entitlement for pelvic pain, orchialgia, and dysuria, arguing these injuries were caused by a workplace accident involving a student's kick. The initial entitlement was granted but later reversed by an ARO. This appeal centered on whether the student's kick actually contacted the worker's groin area.
The Panel allowed the appeal. Urgent care clinic records from January 30, 2019, confirmed the worker reported a direct impact to the groin with severe pelvic pain and blood in his urine. Follow-up notes documented continued symptoms including orchialgia and dysuria, consistent with the injury.The employer argued the worker had a preexisting hernia based on a November 2018 ultrasound, but no objective medical evidence supported this, and the worker denied any such diagnosis. Surveillance footage showed the student kicking toward the worker's groin, but the exact contact was unclear due to obscured views. The worker's reaction was visible but did not conclusively prove contact. The benefit of the doubt policy applies when evidence is evenly balanced.The worker described multiple prior assaults by the student, a high pain tolerance, and efforts to maintain control during the incident despite severe pain. He testified that the kick displaced his testicles upward and that he managed the situation to prevent further attacks. A martial arts expert testified that responses to groin strikes vary; some may collapse immediately, others continue functioning. This supported the finding that the worker's ability to walk normally after the kick did not negate the injury.The Panel concluded that the kick either struck the worker's groin or caught his trousers, causing injury. The worker's diagnoses aligned with the injury mechanism, fulfilling all criteria for entitlement. The appeal was allowed, granting the worker entitlement for the injuries sustained on January 30, 2019.