G.R. No. 244724 - Tabaosares vs. Barko International, Inc.

Roque T. Tabaosares (petitioner) was hired by Barko International, Inc. (Barko) as a No. 1 oiler for a nine-month contract onboard Azalea U.T. Corp.'s vessel, M/V Meridian.
On March 24, 2014, petitioner slipped and fell on the stairs of the vessel, injuring his left shoulder and thigh but continued to work that day despite pain.

The next day, petitioner reported his inability to move his left arm and was given analgesics and advised rest.
On March 26, 2014, he was referred to Dr. Kenya Watanabe in Japan and diagnosed with "left burner fracture (greater tuberosity)," and a bast band was applied.
He was medically repatriated to the Philippines on March 28, 2014 and was evaluated by the company-designated physician, Dr. Ryan Carlo R. Talosig.
Dr. Talosig recommended casting for six to eight weeks followed by 10 to 14 physical therapy (PT) sessions.
Cast was applied on April 3, 2014 and removed on May 8, 2014, and the petitioner underwent 13 PT sessions until June 9, 2014.
A second batch of 14 PT sessions was recommended; petitioner completed these on August 18, 2014.
On July 8, 2014, Dr. Talosig gave an interim Grade 11 disability assessment.
On August 26, 2014, petitioner was re-evaluated, still showing limited motion, prompting a third set of PT sessions.
Petitioner finished the last PT session on November 17, 2014 but failed to attend the scheduled re-evaluation the next day despite company efforts.

Petitioner was paid sickness allowance from March 29 to August 5, 2014. A payment for August 6 to 26, 2014 was prepared but unclaimed.
Letters were sent by Capt. Fernando J. Alano to petitioner reminding him to report for re-evaluation and notifying cancellation of illness benefits due to failure to comply.

Petitioner filed a complaint for total and permanent disability benefits, sickness allowance, damages, and attorney’s fees.
The Office of Voluntary Arbitrator (OVA) declared respondents liable to pay differential sickness allowance and permanent partial disability benefits equivalent to Grade 11 (USD 19,100.25), but denied total and permanent disability benefits due to petitioner’s failure to report for re-evaluation.
The Court of Appeals (CA) affirmed the OVA decision, ruling that petitioner committed medical abandonment and is only entitled to temporary total disability benefits.
Petitioner filed a Petition for Review on Certiorari to the Supreme Court challenging the CA decision.

Whether the Court of Appeals erred in finding that petitioner is not entitled to total and permanent disability benefits.