Abstract: At approximately 8:40 a.m. on December 7, 1999, an accident occurred at Oriental Trading Food Inc. in Commerce, CA. Employee #1 was standing on a lower elevated dirt embankment facing away from the outside shipping and receiving area. Employee #1 was purchasing a drink from a catering truck. A 6-ft-high chain link fence was positioned between Employee #1 and the catering truck. A forklift driver proceeded to operate a forklift in a straight, southbound, reverse direction at approximately 3 mph. The forklift driver applied the left inching brake pedal in order to stop. The forklift did not make a full stop before the curb. The rear of the forklift went over the 2-in.-high concrete curb and immediately descended a 2.25-ft vertical embankment and into the lower elevated dirt area where Employee #1 was standing. He was struck from behind and pinned between the chain link fence and the forklift. The injuries sustained as a result of the accident were fractured metatarsals of the right foot. Employee #1 was transported to Beverly Hospital in Montebello, CA where he was treated and hospitalized..