The work around posted here : http://us.battle.net/sc2/en/forum/topic/6232743757
#4 Is Incomplete and not sufficient to ensure you will get the correct patch data. You have to ensure you're using Create Game section as well as:
Making sure that you have Blizzard Maps set as your map filter and select it from there.
OR
If you have to search, search then Bookmark the map, THEN select the My Bookmarks filter, and create game from there.
Any other way seems to have a chance to load the old patch data depending on which map it is, though Daybreak LE on US seems to be the only one confirmed thus far.