dismissed.
The facts are not in dispute. It was agreed by both parties and found by the deputy director and this court finds the following facts: The petitioner suffered an accident arising out of and in the course of his employment on December 7, 1942. After the accident the respondent furnished three or four medical treatments to petitioner, the last on December 14, 1942. Petitioner lost no time from his work and continued his employment regularly with the respondent until he had an epileptic seizure, for which he obtained treatment, in the year 1948. He was suspended from his work on June 23, 1948 and did not return to his work until November 21, 1948. During this period of time he applied for and was paid accident and healthinsurance benefits on the basis of a non-compensable condition. On respondent's application an order was entered in the Division of Workmen's Compensation on November 19, 1948, pursuant to the provisions of R.S. 34:15-16, permitting the respondent to pay the cost of certain medical treatment necessitated by the petitioner's epileptic seizures, which costs had been incurred by the petitioner during the aforementioned absence from work and without any request to respondent to furnish such treatments. This order, as permitted by the statute, reserved the respondent's defenses in connection therewith, and particularly the defense of jurisdictional limitation. *468 The respondent thereupon paid these expenses. Subsequently, in the months of May and June 1949 respondent, at petitioner's request and without the benefit of any such order, paid certain bills for additional