Abstract: On December 22, 2003, an employee was harvesting fruit. He was utilizing a 28-ft metal extension ladder that the employer had altered by removing the metal base leg supports from it. This was a normal practice for this employer. The employee was utilizing a Warner, Model Number 1228-2, 28-foot metal extension ladder. The employee had placed the ladder against a tree limb and had climbed to a height of approximately 15-ft above ground level and had picked approximately 10 lbs of fruit, when the ladder legs shifted. The employee had not secured the ladder to the tree for support. The employee fell 15 ft to the ground where he suffered a fracture to his neck. The employee was hospitalized for 7 days and treated for his injuries.