Employee versus Independent Contractor. Stephen Hemmerling was a driver for the Happy Cab Co. Hemmerling paid certain fixed expenses and abided by a variety of 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. Happy lIiiab did not withhold taxes from Hemmerling's pay. While driving the cab, Hemmerling was injured in an accident and ? led a claim against Happy lEab for worlters' compensation benefits. Such bene?ts are not available to independent contractors. On what basis might the court hold that Hemmerling is an employee? Explain.