                                                       United States Court of Appeals
                                                                Fifth Circuit
                                                             F I L E D
               IN THE UNITED STATES COURT OF APPEALS           May 3, 2007

                       FOR THE FIFTH CIRCUIT             Charles R. Fulbruge III
                                                                 Clerk
                       ---------------------

                             No. 06-60423

                      ----------------------

R L ELDRIDGE CONSTRUCTION INC; TEXAS MUTUAL INSURANCE COMPANY

                     Petitioners

     v.


DIRECTOR, OFFICE OF WORKER’S COMPENSATION PROGRAMS, US DEPARTMENT
OF LABOR, SON NGUYEN

                     Respondents

          ---------------------------------------------
              Petition for Review of an Order of the
                       Benefits Review Board
                          BRB No. 05-0611
           --------------------------------------------

Before KING, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:*

     The Decision and Order of the Benefits Review Board, holding

that substantial evidence supported the decision of the

administrative law judge that the employer and carrier failed to

establish the existence of suitable alternative employment for

the claimant, is AFFIRMED.



     *
        Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
