We knew we hadn’t heard the end of this case, but today it’s official: the worker who lost what is believed to be the nation’s first-ever gig economy misclassification trial last month has filed an appeal with the 9th Circuit Court of Appeals.

For a review of what we’re talking about, read this summary of the case and decision from February 8. By way of quick background, this case involves a former GrubHub driver named Raef Lawson who claimed that he should have been classified as an employee for the online food-delivery service instead of an independent contractor. The case went to a bench trial in September, and a California federal judge decided in February that Grubhub lacked necessary control over the driver’s work to be considered an employee. In California, as in most other states, the principal test of an employment relationship is whether the business has “the right to control the manner and means of accomplishing the result desired.” Finding this did not exist, she ruled for Grubhub.