HODGE, MICHAEL BRENDAN v. ALCOA, INC. and ARCONIC CORP.
CourtTennessee Court of Workers' Compensation Claims
Date FiledOctober 22, 2026
Docket2025-30-5257, 2025-30-5259
JudgeJohnson
StatusPublished
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Full Opinion
FILED
Oct 22, 2026
02:22 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT KNOXVILLE
MICHAEL BRENDAN HODGE, Docket Nos. 2025-30-5257
Employee, 2025-30-5259
v.
ALCOA, INC. and ARCONIC
CORP., State File Nos. 4812-2024
Employers, 68507-2024
and
AGRI GENERAL INS. CO. and
AIU INS. CO., Judge Pamela B. Johnson
Carriers.
SECOND EXPEDITED HEARING ORDER
Decision on the Record
This is the second request for expedited hearing. In the first expedited hearing,
the Court ordered Alcoa/Arconic to provide Michael Hodge authorized medical
treatment with Dr. Hussein and Dr. Kouser for his occupational illnesses of cerebral
meningioma, vision loss, and cognitive impairments. Alcoa/Arconic now seeks to
terminate medical benefits, or alternatively, be allowed to offer panels of physicians.
Mr. Hodge requests temporary total disability benefits. For the reasons below, the
Court orders Alcoa/Arconic to offer Mr. Hodge a panel of primary care physicians
and denies Mr. Hodge’s requested relief.
Claim History
From September 2002 until April 2016, Mr. Hodge worked for Alcoa/Arconic
as a brick mason, rebuilding baking furnaces during the smelting process for
manufacturing aluminum. This employment exposed Mr. Hodge to coal tar pitch and
other toxins.
In January 2024, Mr. Hodge filed a petition for benefit determination seeking
1
benefits for cognitive impairments identifying a December 27, 2023 injury date. He
amended his petition in September 2024 and added a cerebral meningioma and
vision loss listing an August 21, 2024 injury date. Mr. Hodge voluntarily dismissed
his case in July 2025.
The next month, Alcoa/Arconic filed reverse petitions for benefit
determination seeking a dismissal on grounds that Mr. Hodge’s claims were barred
by the statute of limitations and notice and/or did not arise primarily out of and in
the course and scope of his employment. Mr. Hodge filed counter-petitions seeking
medical monitoring for his occupational exposures.
At the first expedited hearing, the Court held that Mr. Hodge was likely to
prevail at a compensation hearing that his claim was not barred by the statute of
limitations or lack of notice. He further established that he was entitled to treatment
for his occupational illnesses of cerebral meningioma, vision loss, and cognitive
impairments.
In deciding, the Court relied on the unrefuted medical opinions of Drs.
Mohammed Hussein and C.M. Salekin. Dr. Hussein determined that Mr. Hodge
suffered a meningioma and cognitive deficits secondary to aluminum exposure at
work. Dr. Hussein concluded that the employment, more likely than not, was
primarily responsible for the injury or primarily responsible for the need for
treatment. Dr. Salekin found that Mr. Hodge had a visual field defect, impaired
memory, and poor attention, which he attributed to work exposures. Dr. Salekin also
found that Mr. Hodge’s cognitive impairment and meningioma were caused by
aluminum and polycyclic aromatic hydrocarbon exposure at work.
The Court further reviewed the records from Mr. Hodge’s primary care
physician, Dr. Hina Kouser. When she was asked to address causation, she
responded, “I don’t have expertise or training to comment on this.”
Having established care with Drs. Hussein and Kouser, the Court ordered
Alcoa/Arconic to furnish ongoing treatment with both as the authorized treating
physicians. Alcoa/Arconic appealed, and the Workers’ Compensation Appeals
Board affirmed.
In support of its request to terminate benefits or alternatively offer a physician
panel, Alcoa/Arconic submitted a Rule 72 declaration from Dr. Kouser. She said the
treatment to date was “primary care treatment, not treatment for any work-related
injury.” She reiterated that she was “unable to say to a reasonable degree of medical
2
certainty that Mr. Hodge’s cerebral meningioma, vision loss, or cognitive
impairments [were] in any way related to his employment.” She said she was willing
to treat Mr. Hodge but not under workers’ compensation.
Alcoa/Arconic also submitted a Rule 72 Declaration of Dr. David Hauge, who
performed a records review. Dr. Hauge stated he removed hundreds of meningiomas
while practicing as a neurosurgeon. He further stated: “I did not observe any
noticeable correlation between exposures to the substances . . . the development of
meningiomas . . . I am unable to say to a reasonable degree of medical certainty that
Mr. Hodge’s meningioma was related to any exposure he had while working for
Alcoa.”
Mr. Hodge countered Alcoa/Arconic’s submissions with a records review
report and Rule 72 Declaration from Dr. Ernest P. Chiodo. Dr. Chiodo stated:
[I]t is my opinion to a reasonable degree of medical and scientific
certainty that the occupational exposures of Michael Hodge in this
matter were the likely and predominate cause of his brain tumor in the
form of a meningioma . . . Mr. Hodge would benefit from medical
monitoring as a result of his increased risk of cancer as well as cognitive
deficits including Alzheimer’s Disease due to his workplace exposures.
Alcoa/Arconic alternatively argued that they should be allowed to provide
physician panels instead of authorizing treatment with Dr. Kouser and Dr. Hussein.
Dr. Kouser will not agree to treat Mr. Hodge under workers’ compensation. Dr.
Hussein purportedly saw Mr. Hodge on August 10 but did not coordinate care
through Alcoa/Arconic, despite their efforts to do so. Dr. Hussein has not released a
treatment note from that visit or provided dates for a return visit.
For his part, Mr. Hodge asked for an award of temporary total disability
benefits from December 27, 2023, through July 2, 2025, at the maximum weekly
compensation rate of $1,194 effective in December 2023. Alcoa/Arconic filed a
wage statement with Mr. Hodge’s earnings from April 2015 to April 2016, the date
last worked, showing an average weekly wage of $1,197 and a weekly compensation
rate of $796.38.
Findings of Fact and Conclusions of Law
At the Expedited Hearing stage, Mr. Hodge must prove he is likely to prevail
at a compensation hearing that he is entitled to the requested benefits. Tenn. Code
3
Ann. § 50-6-239(c)(6) (2025); McCord v. Advantage Human Resourcing, 2015 TN
Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).
To recover medical benefits, Mr. Hodge must prove that his occupational
illnesses, treated as an injury by accident, arose primarily out of and in the course
and scope of his employment. He must show, by expert medical opinion, that his
employment contributed more than 50% in causing the injury and need for treatment,
considering all causes. Id. § 50-6-102(12)(A)-(D).
Based on the opinions of Drs. Salekin and Hussein, Alcoa/Arconic was
ordered to furnish ongoing treatment with Dr. Kouser and Dr. Hussein as the
authorized treating physicians.
Alcoa/Arconic now seek to terminate medical benefits based on Dr. Kouser’s
and Dr. Hauge’s opinions. They contend that their opinions find no causation exists
and support the denial of benefits. However, they misconstrue these expert opinions.
Dr. Kouser did not state that Mr. Hodge’s employment did not primarily cause
his illnesses. Instead, she said she was unable to make a causation determination,
just as she said originally. Dr. Kouser previously responded to a causation
questionnaire stating she did not have the expertise or training to comment. In her
Rule 72 declaration, she reiterated that she was “unable to say to a reasonable degree
of medical certainty” that Mr. Hodge’s conditions were related to his employment.
Similarly, Dr. Hauge said he did not “notice” any correlation between toxic
exposures and Mr. Hodge’s development of the meningiomas. He too stated he was
“unable to say to a reasonable degree of medical certainty” that Mr. Hodge’s
meningioma was related to any work exposure.
An “inability to state” does not equate to an opinion that the occupational
illnesses “did not primarily arise out of” the employment.
Here, both Dr. Hussein and Dr. Salekin examined Mr. Hodge and determined
that his occupational illnesses arose primarily out of his employment. Additionally,
Dr. Chiodo, after a records review, reached a similar conclusion, stating Mr. Hodge’s
occupational exposures were the likely and predominate cause of his meningioma.
The opinions of Dr. Kouser and Dr. Hauge are insufficient to overcome the
weight of the opinions of Dr. Hussein, Dr. Salekin, and Dr. Chiodo. Thus, the Court
finds that Mr. Hodge is likely to prevail at a compensation hearing that he is entitled
4
to medical benefits for his occupational illnesses of cerebral meningioma, vision
loss, and cognitive impairments. Alcoa/Arconic shall provide authorized treatment
with Dr. Hussein for these occupational illnesses.
Given Dr. Kouser’s refusal to treat under workers’ compensation,
Alcoa/Arconic shall provide Mr. Hodge with a panel of primary care physicians to
treat him.
Regarding Mr. Hodge’s claim for temporary total disability benefits, a
threshold issue is average weekly wage and the compensation rate. The dispute
certification notice, filed on October 1, 2025, lists the compensation rate as an issue.
Mr. Hodge bears the burden of proof. Id. § 50-6-239(c)(6).
Mr. Hodge argued the wage rate should be based on his 2023 injury date, but
he offered no sworn testimony or other documentary proof regarding his earnings,
or those of a similarly-situated employee, for the 52 weeks preceding the date he
alleged should be used as his injury date.
In contrast, Alcoa/Arconic asserted the wage rate should be determined based
on Mr. Hodge’s actual earnings for the 52 weeks preceding the date he last worked
in 2016. In support of their argument, they submitted a wage statement.
The Court finds Mr. Hodge has not satisfied his burden to show the correct
compensation rate. At this time, he failed to show that he is likely to prevail at a
compensation hearing that he is entitled to temporary disability benefits.
IT IS, THEREFORE, ORDERED:
1. Alcoa/Arconic shall continue to provide treatment for Mr. Hodge under
Tennessee Code Annotated section 50-6-204. Dr. Hussein shall remain the
authorized treating physician. Alcoa/Arconic shall additionally provide Mr.
Hodge with a panel of primary care physicians to treat him.
2. Mr. Hodge’s request for temporary disability benefits is denied at this time.
3. The parties shall appear for a Status/Motion Hearing on February 8, 2027, at
1:00 p.m. Eastern Time. The parties must dial 855-543-5041 to participate.
4. Unless appealed, compliance must occur by seven business days of entry of
this order as required by Tennessee Code Annotated section 50-6-239(d)(3).
5
ENTERED October 22, 2026.
____________________________________
JUDGE PAMELA B. JOHNSON
Court of Workers’ Compensation Claims
6
APPENDIX
The technical record consists of the pleadings and orders filed on the TNComp
electronic filing system.1 The Court considered the following documents, which it
marked as exhibits for ease of reference.
Exhibits:
1. Dr. Salekin’s Form C-32 with attachments (previously filed as Exhibit 3 to
First Expedited Hearing Order)
2. Dr. Hussein’s Form C-32 with attachments (previously filed as Exhibit 4 to
First Expedited Hearing Order)
3. Dr. Kouser’s response to causation letter (included in Exhibit 4 to First
Expedited Order)
4. Rule 72 Declaration of Dr. Hina Kouser2
5. Rule 72 Declaration of Dr. David Hauge3
6. Letter from Attorney Dunaway to Attorney Hranicky
7. Emails between Dr. Hussein’s office and Attorney Hranicky
8. Dr. Hussien’s June 3, 2026 Office Note
9. Wage Statement
10. Dr. Ernest P. Chiodo’s Report
11. Dr. Ernest P. Chiodo’s Rule 72 Declaration
12. Dr. Kouser’s September 18, 2026 Letter
1
Alcoa/Arconic filed a four-page, double-spaced motion to reconsider the award of medical
benefits, which the court treated as a request for expedited hearing, and a nine-page, double-spaced
prehearing statement. Alcoa/Arconic’s total page count, excluding exhibits, is 13. In contrast, Mr.
Hodge filed a four-page, single-spaced response; a two-page single-spaced supplemental response;
a four-page, single-spaced second supplemental response; a five-page, single-spaced third
supplemental response; 29-page, double-spaced prehearing statement; and a 12-page, double-
spaced supplement pre-hearing brief. Mr. Hodge’s total page count, excluding exhibits, is 56.
Tennessee Compilation Rules and Regulations 0800-02-21-.20(3) (March 2026) limits briefs to
ten pages. Mr. Hodge is warned that future filing abuses, including multiple responses and briefs
exceeding the page limit, will be struck from the record.
2
Mr. Hodge objected to the admissibility of Dr. Kouser’s Rule 72 Declaration on grounds of lack
of expertise or knowledge of the subject matter. The objection is overruled.
3
Mr. Hodge objected to the admissibility of Dr. Hauge’s Rule 72 Declaration on grounds of lack
of expertise or knowledge of the subject matter. The objection is overruled.
7
CERTIFICATE OF SERVICE
I certify that a copy of this order was sent as shown on October 22, 2026.
Name Email Service sent to:
David H. Dunaway, X dhdunaway@aol.com
Employee’s Attorney
Tiffany S. Hranicky, X tbhranicky@mijs.com
Employer’s Attorney
____________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
8
Right to Appeal:
If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation
Appeals Board. To do so, you must:
1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the
Court of Workers’ Compensation Claims before the expiration of the deadline.
¾ If the order being appealed is “expedited” (also called “interlocutory”), or if the
order does not dispose of the case in its entirety, the notice of appeal must be filed
within seven (7) business days of the date the order was filed.
¾ If the order being appealed is a “Compensation Order,” or if it resolves all issues
in the case, the notice of appeal must be filed within thirty (30) calendar days of
the date the Compensation Order was filed.
When filing the Notice of Appeal, you must serve a copy on the opposing party (or attorney,
if represented).
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar
days after filing the Notice of Appeal. Payments can be made in-person at any Bureau office
or by U.S. mail, hand-delivery, or other delivery service. In the alternative, you may file an
Affidavit of Indigency (form available on the Bureau’s website or any Bureau office)
seeking a waiver of the filing fee. You must file the fully-completed Affidavit of Indigency
within ten calendar days of filing the Notice of Appeal. Failure to timely pay the filing
fee or file the Affidavit of Indigency will result in dismissal of your appeal.
3. You are responsible for ensuring a complete record is presented on appeal. If no court
reporter was present at the hearing, you may request from the Court Clerk the audio
recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your
appeal, which the Appeals Board has emphasized is important for a meaningful review of
the case, a licensed court reporter must prepare the transcript, and you must file it with the
Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board,
and you will receive notice once it has been submitted. For deadlines related to the filing of
transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the
Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)
4. After the Workers’ Compensation Judge approves the record and the Court Clerk transmits
it to the Appeals Board, a docketing notice will be sent to the parties.
If neither party timely files an appeal with the Appeals Board, the Court Order
becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory
orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
NOTICE OF APPEAL
Tennessee Bureau of Workers’ Compensation
www.tn.gov/workforce/injuries-at-work/
wc.courtclerk@tn.gov | 1-800-332-2667
Docket No.: ________________________
State File No.: ______________________
Date of Injury: _____________________
___________________________________________________________________________
Employee
v.
___________________________________________________________________________
Employer
Notice is given that ____________________________________________________________________
[List name(s) of all appealing party(ies). Use separate sheet if necessary.]
appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the
Workers’ Compensation Appeals Board;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ
ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗
ප Expedited Hearing Order filed on _______________ ප Motion Order filed on ___________________
ප Compensation Order filed on__________________ ප Other Order filed on_____________________
issued by Judge _________________________________________________________________________.
Statement of the Issues on Appeal
Provide a short and plain statement of the issues on appeal or basis for relief on appeal:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Parties
Appellant(s) (Requesting Party): _________________________________________ ܆Employer ܆Employee
Address: ________________________________________________________ Phone: ___________________
Email: __________________________________________________________
Attorney’s Name: ______________________________________________ BPR#: _______________________
Attorney’s Email: ______________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellant *
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082
Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________
Appellee(s) (Opposing Party): ___________________________________________ ܆Employer ܆Employee
Appellee’s Address: ______________________________________________ Phone: ____________________
Email: _________________________________________________________
Attorney’s Name: _____________________________________________ BPR#: ________________________
Attorney’s Email: _____________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellee *
CERTIFICATE OF SERVICE
I, _____________________________________________________________, certify that I have forwarded a
true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described
in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this
case on this the __________ day of ___________________________________, 20 ____.
______________________________________________
[Signature of appellant or attorney for appellant]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082