Introduction to Workers’ Compensation Subrogation

Ashton T. Kirsch | Matthiesen, Wickert & Lehrer, S.C.

Ashton T. Kirsch is an insurance litigation attorney and shareholder with the law firm of Matthiesen, Wickert & Lehrer, S.C. Ashton has been with MWL’s Hartford office since 2015, concentrating his practice on litigation of subrogation cases involving large loss casualty, commercial auto, transportation and cargo, and workers’ compensation. He has built and grown the MWL commercial auto and cargo/transportation group into the thriving sector of our firm’s subrogation practice.

Ashton is an expert in the handling of complex interstate transportation claims. He knows the ins, outs, and in-betweens of the labyrinth of federal regulations that can impact a commercial auto or cargo loss. In fact, he has been retained by other attorneys around the nation to serve as an expert and consult/train on both the MCS-90 Endorsement and Carmack Amendment. Through this unique knowledge base, Ashton has successfully litigated and recovered on countless claims where others could not. He also boasts another, unique expertise—high-level negotiation tactics and skills which maximize the likelihood of high dollar recoveries. He travels the country providing seminars and training sessions to attorneys and adjusters on the best negotiation tactics and litigation practices. With over 95% of claims settling prior to litigation and 99% of litigated cases settling prior to trial, negotiation skills are at the pinnacle of importance to a successful subrogation attorney. Ashton is currently writing a book on subrogation negotiations practices, which will be published within the next year.

Ashton obtained his Bachelor of Arts in Political Science and History from the University of Wisconsin–Madison. He went on to graduate from the University of Wisconsin Law School, focusing on finance and corporate litigation. In 2018, 2019, 2020, 2021, and 2022, he was named a Wisconsin Rising Star by SuperLawyers Magazine, an award given only to the top 2.5% of lawyers in the State. In December 2022, Claims Litigation Management (CLM) recognized Ashton as one of their Phenoms Under 40, an award for selected individuals under the age of 39 who are making a significant impact at their companies or firms, or on the claims industry as a whole. Prior to joining MWL, Ashton was a founding partner and legal counsel with Bankmybiz.com an online lending/banking platform. He was also general counsel for a real estate development consulting group. Ashton is an experienced politician, winning a three-way primary as a candidate for Wisconsin’s 81st Assembly District in 2014, and is a former member of Governor Scott Walker’s legal team. He also served as a judicial intern to Justice Paul Higginbotham in the Wisconsin Court of Appeals, IV District. Ashton is known throughout the field for his knowledge of legal and legislative issues. He has been invited to testify on numerous occasions before legislative bodies and administrative agencies on insurance-related issues. Specifically, he has been asked to testify before the legislative committee on tort reform legislation, collateral source rules, insurance mandatory minimum limits, insurance regulatory compliance, and other commercial auto-related issues. Ashton brings precisely the sort of “real world” experience that makes an excellent litigator for the insurance industry.

Raven R. Jelinske | Matthiesen, Wickert & Lehrer, S.C.

Raven R. Jelinske is an associate attorney in our Hartford, Wisconsin office. Raven received her undergraduate degree from the University of Mississippi where she was a member of the Sally McDonnell Barksdale Honors College, and her J.D., cum laude, from the University of Massachusetts where she was the recipient of numerous awards, including the Leader for Justice Award, the Delta Theta Phi “Most Outstanding Student in the Nation” Award, and the Louise M. Goodrum Unsung Hero Award – among others.

Raven most recently worked as an Associate Attorney with Leavell & Borton, S.C. in Racine, Wisconsin, where she represented a large caseload of complex civil litigation cases. Raven is licensed in Wisconsin, where she assists MWL with its growing book of nationwide subrogation litigation.

Raven spends her free time fostering the beloved dogs of U.S. military members on deployment. She loves to kayak, canoe, and do anything outdoors with her dogs. She is also an avid traveler, most recently swimming with 11-foot tiger sharks off the coast of Oahu, Hawaii. You can often find Raven watching Ole Miss football at Leff’s Lucky Town or following Harry Styles on tour.

I. Complexity of Workers’ Compensation Subrogation | 11:00am – 11:30am

II. Key Questions in Workers’ Compensation Subrogation | 11:30am – 12:00pm

Break | 12:00pm – 12:10pm

III. Allocation of Recovery in Workers’ Compensation Subrogation | 12:10pm – 12:40pm

IV. Strategies for Handling Workers’ Compensation Subrogation | 12:40pm – 1:10pm