Abstract: At approximately 9:55 a.m. on April 2, 1996, Employee #1, who worked for a local sheet metal contractor, was installing a rain gutter on a four-story building with a garage basement. The company had purchased a 60 ft extension ladder with a working length of 48 ft especially for this job; until the day of the accident, most of the work had been at a height of three stories or less. The 250 lb ladder was set up on the sidewalk so it could be moved more easily. When it was moved, the ladder had to be held back from the building with a rope until it was extended enough to clear the top windows. Employee #1 climbed the ladder, which was placed about 4 in. above the roof edge. He then stood on the edge of the roof tiles and used the ladder extension ropes to help move the ladder so he could install gutter in that section. Use of the extension ropes caused the locks on the ladder to be released. When Employee #1 attempted to step back onto the ladder, the top section slipped out of the locks and he fell. He grabbed for the ropes that were used to extend the ladder and slid down them until his hands could no longer tolerate the burning sensation. He then dropped 40 ft to the ground. Employee #1 sustained a head injury, a lacerated right forearm, four to six fractured ribs, a punctured right lung, and rope burns to the middle and ring fingers on his left hand. Emergency 911 was called, and he was transported to a local hospital. Employee #1 took this action on his own without his company's knowledge. He knew that ladders should extend 3 ft above the roof and that he should not use extension ladder ropes to help move the ladder. No accident-related citations were issued because the employer provided the Division all of the required elements to establish the defense of independent employee action.