Lara filed a workers' compensation claim against Metro Diner's then sole shareholder, Scott Broffman, personally and against Metro Diner. The WCJ also found that Metro Diner did not rebut the presumption that Lara was its employee on the date of the injury, and hence, Lara was entitled to workers' compensation benefits. Based on the factors of employment set forth in Borello, Lara was an independent contractor at the time of his injury. The question before us is whether Lara was an employee or an independent contractor when he was injured. Sometimes Lara charged by the hour and sometimes by the job and so Lara was paid on a job-by-job basis, with no obligation on the part of either Metro Diner or Lara for work in the future.

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