In a tort action brought by the Court of Arbitration for Motor Vehicle Accident Benefits (CVA) against Sheik, who is a truck driver for a shipping company, is an independent contractor?

Lexington argues that the arbitrator "erroneously conflated separate Borello factors of whether the worker performed services in a 'distinct occupation or an independently established business' with the issue of whether the worker's services were 'integral' to the hirer's primary business." Lexington argues the arbitrator "ignored the evidence that [Sheik] acted as an independent contractor engaged in the distinct occupation of interstate commercial truck driving" and "failed to appreciate that independent contract drivers such as [Sheik] are necessarily and inherently 'integral' to the business of a shipping company such as Trimac." Lexington cites State Compensation Insurance Fund v. Brown (1995) 32 Cal.App.4th 188 (Brown) and other cases, which it views as establishing that truck driving constitutes a "distinct occupation"one of the factors identified in Borello as weighing in favor of independent contractor status.