United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS May 12, 2006 FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-61104

BETTY HARRIS on behalf of Joseph Harris Jr., deceased claimant; BARBARA BRATTON, on behalf of Joseph Harris Jr., deceased claimant, Petitioners, versus DIRECTOR, OFFICE OF WORKER’S COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; AEP Elmwood, LLC, Respondents.

Petition for Review from the Benefits Review Board (04-0171)

Before JONES, Chief Judge, and BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:* AFFIRMED. See 5TH CIR. R. 47.6.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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