Stephen Hemmerling was a driver for the Happy Cab Co. Hemerling paid certain fixed expenses and followed various rules relating to the use of the Cab, the hours that could be worked, and the solicitation of fares, among other things. Rates were set by the state. HappyCab did not withhold taxes from Hemmerling’s pay. While driving the cab, Hemmerling was injured in an accident and files a claim for workers compensation benefits in a state court. Such benefits are not available to independent contractors. On what basis might the court hold that Hemmerling wan an employee? Explain.
