Introduction to Workers’ Compensation Subrogation

Ashton T. Kirsch
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.

Raven R. Jelinske
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.

On-Demand: May 9, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

With 50 separate bodies of workers’ compensation law, this area of subrogation remains one of the most confusing and difficult to master. This introductory level course focuses on the basics of workers’ compensation subrogation – Who can bring a third-party action? Who qualifies as a third-party? How is a recovery allocated once recovery is made? Is the carrier’s lien reduced by the worker’s attorney’s fees and litigation costs? How and when can a carrier receive statutory credit for monies recovered by the worker and a reserve take down. This course is for claims handlers, in-house counsel, and subrogation professionals and is intended to introduce and provide a general understanding of workers’ compensation subrogation to assist in handling the subrogation issues encountered in today’s workers’ compensation subrogation marketplace.

Key topics to be discussed:

  • Complexity of Workers' Compensation Subrogation
  • Key Questions in Workers' Compensation Subrogation
  • Allocation of Recovery in Workers' Compensation Subrogation
  • Strategies for Handling Workers' Compensation Subrogation

Closed-captioning available

Speakers

Ashton T. Kirsch_myLawCLEAshton 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_myLawCLERaven 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.

Agenda

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

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Reciprocity
2.5 General

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Approved for Self-Study Credits
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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