Answer the following law case problem

Business Scenarios and Case Problems 14-1. Employee versus Independent Contractor. Stephen Hemmerling was a driver for the Happy Cab Company. Hemmerling paid certain fixed expenses and followed various rules relating to the use of the cab, including the hours that could be worked and the solicitation of fares. Rates were set by the state. Happy Cab did not withhold taxes from Hemmerling's pay. While driv- ing the cab, Hemmerling was injured in an accident and filed 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 was an employee? Explain. (See Agency Law.)