Ann Dudley has alleged she sustained an accident or occupational disease as a result of undue stress in the scope of her employment with Commerce Bancshares. Recovery for a mental injury from work-related stress is dependent upon showing the stress was "extraordinary and unusual" §287.120.8 RSMo. 2000. Additionally, such work stress must be measured by "objective standards and actual events". To establish a claim under §287.120.8, Dudley must present credible evidence of similarly situated employees with the focus on evidence of the stress encountered by those employees. Absent such evidence Dudley fails in meeting her burden of proving the objective nature of stress. See Carnal v. Pride Cleaners, 138 S.W.3d 155 (Mo.App. 2004); Williams v. DePaul Health Center, 996 S.W.2d (Mo.App. 1999). The seminal issue in this case is whether the stressors alleged by Dudley are extraordinary and unusual as contemplated by chapter 287 and whether sufficient evidence was presented to show that the work stress was extraordinary and unusual as measured by objective standards.
§287.120.8 states: "(8) Mental injury resulting from work-related stress does not arise out of and in the course of employment, unless it is demonstrated that the stress is work-related and was extraordinary and unusual. The amount of work stress shall be measured by objective standards and actual events. (9) A mental injury is not considered to arise out of and in the course of employment if it resulted from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or any similar action taken in good faith by the employer."
The focus of Dudley's evidence and theory is that her work-related stress resulted in depression and anxiety.
Dudley essentially contends two separate theories of what caused her stress at work. The first involves Dudley's relationship with co-employee and former supervisor, Mark Tanksley. The second involves a job transfer to Commerce Bank downtown facility in June 2003.
Ann Dudley was branch manager at the Commerce Bank downtown branch from June 30, 2003 to approximately December 2003. Dudley was previously bank manager at Commerce Bank Barry Road branch. One of Dudley's job duties was to sell annuities. Dudley was Commerce Bank's top performer for annuities sales. In 2002 Dudley earned approximately $\ 35,000 in annuity commission in addition to her base salary. Her supervisor at the Barry Road location was Mark Tanksley.
Dudley testified that Tanksley made disparaging remarks about women and various members of Commerce Bank board of directors. Dudley believed that Tanksley misrepresented promotion opportunities.
Dudley filed a grievance with Commerce Bank about Tanksley's remarks and demeanor. Tanksley was required by Commerce to undergo counseling following the complaint by Dudley.
Dudley testified that Tanksley still promoted a hostile work environment following the counseling. Dudley said Tanksley refused to speak with her directly, made faces at her, and once squealed his tires in front of her in the bank parking lot.
Dudley filed a second grievance regarding Tanksley. In December 2001 Tanksley was transferred to a different bank branch although remained as Dudley's immediate supervisor.
Dudley sought medical treatment for depression as a result of the stress created at work by Mark Tanksley.
Dudley applied and accepted transfer to Commerce Bank downtown branch in June 2003 in part to get away from Mark Tanksley. Dudley had two occasions of stress related to Tanksley after her transfer downtown. First, Tanksley requested that Dudley service the annuity customers that she had sold and received commissions on at the Barry Road branch. Dudley agreed to that request. Second, Dudley and Tanksley both claimed credit for creating a new business account and loan. Dudley worked hard to obtain the business customer. Commerce ultimately attributed the credit for the business to Dudley rather than Tanksley to resolve the dispute.
The second stress for Dudley followed her transfer to the Commerce Bank downtown branch in June 2003. Dudley provides a comprehensive list of her job duties as branch manager. Virtually all of the duties cited by Dudley produced work stress for her. Dudley's complaints fall into three basic categories: Duties primarily the same as before her transfer with increased volume; new duties from her previous position as Barry Road manager; and new duties from previous downtown manager Sherry Jones.
Dudley's duties that were similar to her previous job with Commerce Barry Road branch but with increased volume downtown include:
1) Maintaining master keys for vaults and safe deposit boxes.
2) Preparing overdraft lists.
3) Reviewing internal and external e-mails.
4) Responding to internal and external phone calls.
5) Meeting with sales staff and coaching.
6) Preparing expense reports.
7) Monthly sales reports.
8) Branch manager meetings.
9) Annuity calls.
10) Teller operation meetings.
11) Sales compliance meetings.
12) Small business meetings.
13) Benefits banking.
14) Personnel issues concerning employees hiring, firing, scheduling.
15) Customer complaints both in person, by e-mail, and telephone calls.
In each and everyone of the above cited job duties, Dudley testified that the volume increased significantly from her job duties at the Barry Road location to the point where Dudley felt overwhelmed and unable to complete her tasks.
One of Dudley's primary complaints on her transfer to the downtown branch was that her desk was in the middle of the open lobby. She found it almost impossible to complete any tasks without interruption. Dudley previously had a private office at the Barry Road branch. However, Sherry Jones, the previous manager at the downtown location also sat in the open-air lobby. The current bank manager also is in the open lobby.
Many of the Commerce Bank executives were located at the downtown branch. Dudley was required to notify her supervisor in the event an executive or board member made an inquiry or complaint. Dudley found this task to be stressful and extraordinary. Sherry Jones also was required to notify her supervisors in the event bank executives or a member of its board of directors had made a complaint or inquiry.
Dudley also had to participate in a new technology rollout at the downtown branch. Commerce tried its new photo ID technology at the downtown and select suburban branches during Dudley's tenure. Commerce would periodically propose new technologies to provide services to its customers. The downtown branch was not the only branch participating in the technology rollout.
Dudley also significantly complained about the benefits banking program. The benefits banking program attempts to encourage individual employees of a large Commerce business clients to open accounts with Commerce Bank. Bank representatives are sent to the employer on a regular basis to drum up new business. Bank representatives provide individual business cards to potential customers with their phone numbers and e-mail addresses. Dudley participated in this activity and her cards were available to any potential new customer. The benefits banking employer customers were