Stephen Hemmerling was a driver for the Happy Cab Co. Hemmerling paid certain fixedexpenses and abided by a variety of rules relating to the use of the cab, the hours that could beworked, 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 wasinjured in an accident and filed a claim against Happy Cab in a Nebraska state court for workers'compensation benefits. Such benefits are not available to independent contractors. On whatbasis might the court hold that Hemmerling is an employee? Explain. (See Agency Law.)