Abstract: At approximately 11:00 a.m. on April 7, 2010, Employee #1 was working in the recycling area of the landfill as a ground-man, assigned to assist in the loading of large debris such as scrap metal onto a conveyer system for further sorting. Employee #1 had been working for the employer for approximately two years and in that area for approximately one year. The accident occurred when a coworker, the excavator operator, was picking up a load of scrap metal when a long section of pipe bent unexpectedly while being gripped by the clam-shell. Employee #1 was sorting through the material that could not go over the conveyor approximately 15 to 20 feet away and was accidently struck by the pipe as it bent, hitting him in the upper body and head and knocking him to the ground. According to all accounts all employees were wearing hard hats, safety vests and work boots in accordance with Title 8 and all employees had been trained in the hazards associated with that work. Employee #1was hospitalized for approximately five days for the treatment a fractured skull at UC Davis Medical Center in Sacramento CA.