Worksite 8.2 Cannot check out Old versions

System

When using Version Editing set so older versions are read only in version 8.2 using IMANEXTLib.CheckoutCmd I get - "Trying to checkout 267_1.DOC from server : Attempt to edit a prior document version failed. Make sure you are editing the latest version." when trying to check out a version of the document that is not the latest version.

Now I need to check out the old version to be able to check in a new version as you cannot do a check as new version without the document being checked out. I dont need to edit the old version and check the edited version back in. Any idea how I can stop this error and get so I can check a new version of the file in?

Thanks