1. "Under the Georgia statute and decisions, the test to be applied in determining whether the relationship of the parties under a contract for the performance of labor is that of employer and servant, or that of employer and independent contractor, lies in whether the contract gives, or the employer assumes,. the right to control the time, manner, and method of executing the work, as distinguished from the right merely to require certain definite results in conformity to the contract." Yearwood v. Peabody, 45 Ga. App. 451 (164 S. E. 901); Employer's Liability Assurance Corp. v. Smith, 86 Ga. App. 230 (71 S. E. 2d 289). 2. If there is any competent evidence to sustain the findings of fact of the State Board of Workmen's Compensation, the appellate courts will not set aside an award in the absence of statutory grounds for so doing. Fulmer v. Aetna Casualty &c. Co., 85 Ga. App. 102 (68 S. E. 2d 180). 4. Where, in such a case as indicated above, it appeals from the terms of the contract for labor that the undertaking to perform the labor was that of the two named contractors jointly who jointly employed the claimant, and their undertaking constituted one business, they would come within the definition of employers contained in the Workmen's Compensation Act if in the conduct of this business they regularly employed ten or more workers (Thigpen v. Hall, 46 Ga. App. 356, 167 S. E 728); but, where, from all the evidence the hearing director was authorized to find that one of the contractors had only six employees regularly employed and the other had only two regularly employed in the conduct of their joint business, the hearing director did not err in finding that the contractors jointly had fewer than ten employees regularly employed in the same business and that they did not come within the terms of the Workmen's Compensation Act; and, consequently, the hearing director did not err in entering an award denying the claimant compensation, and the superior court properly affirmed the award denying compensation. |