Abstract: On August 1, 2002, Employee #1, a laborer, and his foreman were moving a wooden pallet loaded with thirty-seven 7.5-inch by 15.5-inch concrete cinder blocks further into the bed of a truck. They tried unsuccessfully to move the pallet by levering it with a 2-inch by 6-inch piece of lumber. The foreman then mounted a hydraulic excavator and signaled to Employee #1 to back out of the way because he intended to use the arm and bucket of the excavator to nudge the pallet further onto the truck. The foreman was operating the lever to move the bucket arm when he suddenly saw Employee #1's legs twitching underneath the bucket. The foreman immediately realized that he had struck Employee #1 and pinned him against the cinder blocks located on the pallet. Employee #1 died of crushing injuries sustained in the accident.