Abstract: At approximately 9:00 a.m. on March 19, 1995, Employee #1 was in the meat department at Galletti Brothers Foods, Inc., Los Angeles, pushing a loaded pallet jack south when a coworker drove a forklift east through a nearby door. The forklift hit the pallet jack and Employee #1, causing fractures to his left foot. He was hospitalized for two days at the Santa Marta Hospital, Los Angeles. Causal factors include the fact that the forklift driver was operating the equipment without an effective warning horn and without the guidance of a walking operator. The five elements of the Independent Employee Act defense were met. The employer was cited for a regulatory violation of failure to immediately notify the division, 8CCR 342(a).