the relationships this one is no different but the cabs are companies are very adept and morphine based upon the decisions that have come down in the previous two that the the changes in this case my client was assaulted struck over the head and robbed while driving his cab as a result in a brain injury resulting in a craniotomy which you and i are paying for is taxpayers was strict we could decide on his own if he took the call or not right that's right but he also had to be an off meter he had to be within his own yann often it was for that purpose to keep him within a zone so that the company knew where he was at and as you know  which in this case they have least a constructive right to tommy because they have a way to control is probably the most important factor and the right to control i believe used is derived from their ability to use the the threat of terminations to cut off the computer commission's decision as against the managers with the other i sue that you're indicating that three really balance defectors are if the factors are such is that the more important factors are the ones that you're looking at and in this case we haven't even touched on the nature of the business then i would say that you should overrule and reverse and in this case which i'll get to the nature of the business i think is almost clear the advertiser sells us a taxi company to take the process themselves as a taxi company they went to the villages to get licenses as a taxi company they even indicate if you read their owner's statements and that in this testimony his whole purpose was to get more cabs and a street to we wouldn't know but the fact of the matter is watching police speaking one of the company well other company would pick up a driver who's bearing the three or three flagship on his car with real trees phone number one of a taxi company would do that i it for them to see that this was the nature of the business was anything other than a taxi company but there were so intermingled but there were there were some twined with it with the computer leases to get more cars on the street to get more computer lee said by hundred dollars and want to get a so let's look at the russian look at some of the aims of control here before we get to the other side they had a camel but he froze the colors and they had a cavity too we now have computers instead of radio so i'm going to change that with the previous cases they accepted computer communication all the time the vast majority of it was computer communication between the two when i can looked over the side tell you the truth and twelve looking over the record for this argument the membership was another three hundred dollars a month that wished our said that's eight hundred dollars to ok so we didn't have to take it off he said he didn't have to but if you if you decided that he would have to take the pain off if you decided to drive for another company he would have to take the pain off i'm sure and remove all that pain and getting it repainted would be a costly item they were they weren't going to contractor because the lease said we don't care where you gold how you go we don't even want to know how you don't even want to know what you're doing with the camp and in fact you don't have to pick up a dollars and that's it and that's abolish the order for the price of write the pages or records it's a good deal they are what they want to be they could be care company they could be a car company leasing company insurance unlike here where we had all gone quote we recommend the vendors a list of recommended vendors which so happened to be one of the companies which the general manager sold insurance for before he became a general manager which by the way he testified that when there was the village he just bought it that it was now there was no village requirement that they be painted the same color yet t big the testimony of their with their clients especially when i call their client as an adverse witness compare his testimony compared to when he was calm and direct i see quite a bit of difference training classes there's a meter on and off find a fifty dollars loosely fifty dollars fine for violations that result in warnings signed the management but when it came to testimony this was done at the end of the in the the drivers didn't see the management on behalf of the drivers they said the management we go attention to drivers in the driver quote will be fined fifty dollars for each of my eyes no exceptions the management destination procedures sure a lot yet is it legal you'll be fine kind of place where he supposed to go he didn't speak english for crying out loud much less know the destination reducing the number certificates by certain companies based upon compliance or allowing other companies to come into your territory and dilute the opportunities but there is an incentive on both sides both sides it's a relationship they all of the same thing it was a taxicab run and romney did by a taxi cab company and the like it takes a good company my client was a driver for a taxi cab company simply getting people from point me to point b and it certainly doesn't sound like mr gower with very sympathetic when it came to competition allowing not you to drive anywhere else if that was his mindset right there at school one  they had to see this by the bills to increase their base to increase their subscriptions and or certificates and it was nothing more than a well shield the skies a fair share and ask how they morphed from in the past me locals on it and these current drive all over the suburbs are getting a lot of advertisement a lot of goodwill just by their being on the street manner that restricted they had no discipline even if you got a customer complaint there's nothing in the rest care that i read where they could be disciplined or suspended oh sure they had the computer that's the first one and it goes downhill from there because as far as i'm concerned you do shut up this means computer made it economically unfeasible for him to operate as a cab driver in the suburbs but what if the computer was being cab company in the suburbs it is the last i don't think i've ever remember in my own personal perience experience ever calling or for sitting in a corner heeling down a cab in the suburbs where i live if i wanted to go to here or here i call and they call and the set up in the cab company coming to my house and i don't know of anybody else that would have it any different in the suburbs anyways business they fill out their tax forms that way they submit expenses take deductions in that matter and then they come to the worker's compensation commission and claim that their employees while i realize are different standards and the standards for the workers compensation commission have been set by the score as well as the supreme court fortunately in this case for three o three those standards are met that the person is an independent contractor in both situations ok in effect we have a different environment in the suburbs than we do downtown and it bet is the environment in which he chose to operate his own business he decided to go to was superb and company and operate a suburban cat he didn't choose to come downtown he didn't choose to pay what ever downtown rates maybe for extra business or what have you he chose to operate in the suburbs and whether it's more reliant upon this fashion or not we don't know for sure that's constant speculation there's been no ties for money no evidence that you can't get a fair in the suburbs i personally have hailed a cab at a train station at that in the suburbs i can't say that it can't be done and it doesn't mean though that that person is any more but he just because he has the best opportunity to earn a fair outside dispatch and someone who is out reading in the city it's whether or not don't know that taking a fee on a quite a car actually shows control that's just a fee for service the person wants to take or use a credit card but the company that has to process it takes a fee so that they can make money babe want as many fares is they can get assuming we assume they want as many fares as they can get that is why they are operating a cap under the three zero three logo in order to help them obtain as many and the drivers of the cab oh operating under the three of three local and they're looking to get his money affairs that's how they make their money they're into the drivers and the owners are in the business of transporting people and collecting fares that is how they make their money three o three is in the business of selling a brand and selling subscriptions and the more people they have don't want to buy that brand of bible subscriptions the more money they make they make no money by anyone moving anybody it all those writers didn't move a soul i mean well that impacted but it is a driver chose not to move a body over a month period of time it wouldn't matter to them he still had to pay the seven suspects in feet he still had to pay the same monthly rental are a monthly certificate feet that's where three or three make some money and it's even a greater difference and it was happened les a driver trusts not to drive all he wants lease the car or or run up a mileage in this particular case the owner of the car can sit on the car and three and three still make some money they're interested in providing a service that or a situation in which the drivers and the owners can make as much money as possible for themselves and by reaching agreements with large companies like that it provides them with doesn't involve moving people and collecting fares it involves selling the right for someone who wants to be part of the bigger organisation and not just operate on their own independently and have to go to the village and get their own  even though they had been a pain your own business license the greater right to operate a cat within that village on their own and to work as a cab driver owning their own company that person could least that are to anybody they want but whoever they want to use it could have it running twenty four hours a day if they wanted or they could do it just one hour a week if that's what they so chose to do again there was no control over by three or three with perhaps the differences as i mentioned between three o three and why scabbard are really very minimal and in fact i believe they work two three o three spades or in this particular situation since last equipment was provided by three o three and again getting back to the computer and being able to shut it off whether that is surface control how to keep saying they had to lease a computer from three o three i didn't see anywhere in the testimony where someone said in order to operate a cab under the three o three logo you have to be super computer from three o three what you had to do is if you wanted to get dispatches service that three o three was providing you had to bend this a computer because that's how they did it but no one told them the bigger question though is what is your enough evidence in the record for the commission to decide that this person was not an employee but in fact an independent contractor and i believe when the court looks at the totality of the circumstances just as the commission did i'm i just think the first thing i'd noted in the where case be discounted be the payment on withholding of taxes being dispositive of them were to be anything when it came to the d c decision whether one was an independent contractor i also note that there's nothing in the evidence that shows that my client had any rights whatsoever when it came to the computer being shut down it was unilateral shows that if you went out to your car and you turn on the computer if you could not log in you were shut out for one reason or another and when you got back can when you log back in you were allowed to come back in head to the testimonies they had to quote unquote preferred installers for their their computer where they son again prefer comes up quite a bit by their testimony weather council could pick up a cab at the train station that's nice but let's be fair let's be realistic what cabdriver without this computer system could cover his costs waiting for a pick up somewhere in the suburbs i don't know  any other way my client only worked for three of three that was his testimony solely for the trio three and their client when he asked whether he could work for someone else with the three or three flags i said i think not was his testimony this arrangement of the computer lease and the membership make no mistake about it is that well this guy this ingenious i love it it's great disguise but it is the sharing car that's all it is it's another way of making money they had to get as many cabs i had street and they had milage where are to get more money if they weren't sharing the fees they're not they're not in this for charity i can tell you that and they never advertised themselves as a computer leasing company the always a advertise themselves in their own brochure as a free old three taxi company  only one way three or three would be successful and it is getting people moved from here to there and they needed my driver and other drivers to do it if they ever tries there is a taxi provision service no