MARTINSVILLEA trial date has been set for a lawsuit against the Integrative Centers for Science and Medicine. At the same time, at least a portion of the claim appears to have been resolved.

Late last year, a former employee at ICSM filed suit against the organization and its president, Dr. Noel T. Boaz. ICSM is the nonprofit arm of the proposed College of Henricopolis School of Medicine.

At a hearing Friday in Martinsville Circuit Court, lawyers for both sides said that ICSM concedes that it owes Dr. Bozenna M. Liszka Howland a total of $26,983.59 for wages and continuing medical education expenses. However, ICSM contests that it owes Dr. Liszka a $5,000 bonus.

Judge G. Carter Greer denied a motion by Liszkas lawyer, Elizabeth Loflen, to go ahead and rule on whether ICSM owes Liszka the $5,000 bonus without holding a jury trial.

Judge Greer scheduled a jury trial for June 5 on the remaining claims against ICSM and all the claims against Boaz. All the hearing Friday dealt with claims against ICSM only, not the claims against Boaz.

After court, Gregory declined to comment. Loflen said remaining issues include the $5,000 bonus Liszka maintains she is owed, breach of contract, and any wages Liszka claims she is owed for alleged violation of the Virginia Minimum Wage Act. Loflen couldnt immediately estimate how much that might be.

As for the $26,983.59 that ICSM concedes it owes Liszka for wages and continuing medical education expenses, Loflen argues that if ICSM is unable to pay any of that, Boaz should be held responsible for paying it.

The original lawsuit sought a total of up to $36,475.59 as well as payment for Liszkas court costs, lawyers fees and any such other relief as the Court may allow.

Liszka was hired as a consulting physician of ICSM on a yearly basis.

Loflen argued during the hearing Friday that there was an implied renewal of Liszkas employment contract from 2015 to 2016 because she continued to perform her duties and ICSM continued to pay her medical malpractice insurance. The 2015 contract also included wages of $100 an hour, reimbursement for certain continuing medical education expenses, payment of a $5,000 bonus by a March 31 due date, and other provisions, Loflen argued. Loflen said ICSM paid the $5,000 bonus for 2015 by the March 31 due date.

John Gregory, ICSMs lawyer, argued that on Jan. 2, 2016, ICSM submitted a proposed contract to Liszka, including provision of a $5,000 bonus as soon as ICSM can pay but with no deadline date. He said Liszka declined the proposed contract, and she proposed hand-written changes, including payment of a $5,000 bonus no later than March 31, 2016. Gregory said no renewal contract was ever in place. He added that ICSM never intended to pay the $5,000 bonus in 2016 unless funds were available.

The lawsuit alleged that Liszka continued to work for Boaz and ICSM until the defendants refusal to compensate her for her services forced her to resign on June 30, 2016.

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