The 5.2 case is stupid. If the default error handling was exception - then we actually restore it into EH_NORMAL since there is no way for us to know it was EH_THROW.
Thats why in 5.3 the new type and api was introduced.

The 5.2 code does throw exception, its just oddly different since it doesn't really work well.

If we don't have the 5.2 case in the code then it won't compile.. which I am totally fine with if thats what you want?