Usgaard v. Silver Crest Golf Club, 256 Iowa 453, 455, 127 N.W.2d 636, 637; Sister M. Benedict v. St. Mary's Corp., 255 Iowa 847, 850, 851, 124 N.W.2d 548, 550, and citations. The factors by which to determine whether an employer-employee relationship exists are (1) the right of selection, or to employ at will (2) responsibility for the payment of wages by the employer (3) the right to discharge or terminate the relationship (4) the right to control the work, and (5) is the party sought to be held as the employer the responsible authority in charge of the work or for whose benefit the work is performed. Prokop v. Frank's Plastering Co., 257 Iowa 766, 775, 133 N.W.2d 878, 883, and citations. In Nelson v. Cities Service Oil Co., 259 Iowa 1209, 1216, 146 N.W.2d 261, 265; and Usgaard v. Silver Crest Golf Club, 256 Iowa 453, 456, 127 N.W.2d 636, 637, 638, in addition to the five above named elements we recognize the overriding element of the intention of the parties as to the relationship they are creating may also be considered.
This is clearly a question of law. On that point we held in Barton v. Nevada Poultry Co., 253 Iowa 285, 288-289, 110 N.W.2d 660, the determination of questions of law by the commissioner, though entitled to careful consideration, is not conclusive, being subject to review on appeal. See Prokop v. Frank's Plastering Co., 257 Iowa 766, 769-770, 133 N.W.2d 878. II. It is, of course, understood our compensation law is for the workingman's benefit and should be liberally construed to that end.